
Qass. 



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P. ^ 9. ^ 



Book. 



STATE OF CALIFORNIA 



Horticultural Statutes 

WITH COURT DECISIONS AND LEGAL OPINIONS 
RELATING THERETO 

ALSO 

State Quarantine Ordinances 
County Ordinances Relating to Horticulture 



AND 



List of State and County Horticultural Officers 



Corrected to February 1, 1912 




S A C R A M E N T O 

Fbiknd Wm. RioirARDSoN - - Superintendent of State Prtntixc 

1 ;i 1 -2 



STATE OF CALIFORNIA 



Horticultural Statutes 



WITH COURT DLCI5ION5 AND LEGAL OPINIONS 

RELATING THERETO 3^(^ 



ALSO 



State Quarantine Ordinances 
County Ordinances Relating to Horticulture 



AND 



List of State and County Horticultural Officers 



Corrected to February 1, 1912 




SACRAMENTO 
Friend Wm. Richardson - - Superintendent of State Printing 

1912 



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CAllfORNIA STATE COMMISSION Of HORTICULTURE. 



EXECUTIVE OFFICE. 
Capitol Building, Sacramento. 

A. J. COOK Commisioner. 

G. E. MERRILL Chief Deputy Commissioner. 

E. O. ESSIG Secretary. 

H. F. FAWCETT Plant Pathologist. 

MISS A. G. BIRD Clerk. 



INSECTARY DIVISION. 
Capitol Park, Sacramento. 

E. K. CARNES Superintendent. 

H. A. WEINLAXD Assistant Superintendent. 

Stationed at Honolulu, Hawaii. 

E. J. NEWCOMER Assistant. 

E. J. BRANIGAN Field Deputy. 



QUARANTINE DIVISION. 
Room 11, Ferry Building, San Francisco. 

O. E. BREMNBR Chief Deputy Quarantine Officer. 

FREDERICK MASKEW Deputy Quarantine Officer. 

Equitable Bank Building, Los Angeles. 
GEO. COMPERE Quarantine Inspector. 

B. B. WHITNEY Quarantine Inspector. 

C. H. VARY Quarantine Inspecior. 

San Pedro. 

A. S. HOYT Quarantine Inspector. 

Chamber of Commerce Building, San Diego. 



( r 

FEB J mi 

\ I. 



i 



CONTENTS. 



Page. 
AN ACT RELATING TO THE STATE COMMISSIONER OF HORTI- 
CULTURE 5 

AN ACT RELATING TO THE COUNTY COMMISSIONER OF HORTI- 
CULTURE 10 

STATE QUARANTINE LAW 129 

ACT RELATING TO JOHNSON GRASS 129a 

PROPER NAMING OF NURSERY STOCK 17 

AGAINST SELLING TREES UNDER FALSE NAME 17 

STATE INSECTICIDE AND FUNGICIDE LAW IS 

QUARANTINE ORDERS 23 

COURT DECISIONS IN HORTICULTURAL CASES 31 

OPINION OF ATTORNEY GENERAL RELATING TO WEEDS ON 

THE PUBLIC HIGHW\\YS 66 

COUNTY ORDINANCES RELATING TO HORTICULTURE 67 

COUNTY HORTICULTURAL OFFICERS 133 

STATE BOARD OF HORTICULTURAL EXAMINERS 139 

INDEX 140 



CALIFORNIA. 



STATUTES AND ORDINANCES RELATING TO 
HORTICULTURE. 



IN FORCE JANUARY 1, 1912. 

AN ACT RELATING TO THE STATE COMMISSIONER OF 
HORTICULTURE. 

[Approved April 26, 1911.1 

§ 2319, Political Code. The state commissioner of horticulture of 
California shall be a citizen and resident of this state, and his term shall 
be for four years, and until his successor is appointed and qualified. 
The governor may remove such commissioner from office at any time 
upon filingwith the secretary of state a certificate of removal signed by 
the governor. In the case of vacancy in said office by death, resigna- 
tion, removal from office, or other cause the governor shall fill the 
vacancy for the unexpired term. In appointing such commissioner 
and his successor or successors, it shall be the duty of the governor to 
disregard political affiliations, and to be guided in his selection entirely 
by the professional and moral qualifications of the person so selected for 
the performance of the duties of said office. Said commissioner shall 
be a civil executive officer. The salary of said commissioner shall be 
four thousand dollars per annum, and he shall be allowed his traveling 
and incidental expenses necessary in the discharge of his duties. For 
the direction and accomplishment of his work the said commissioner 
may and is hereby empowered to appoint certain deputies, secretary, 
quarantine officers, superintendents, assistants, and clerk as hereinafter 
provided, who shall hold office at the pleasure of said commissioner and 
perform any and all duties pertaining to their office or employment 
which the said commissioner may require of each of them, and may be 
removed from office or position at any time by said commissioner filing 
with the secretary of state a certificate signed by said commissioner so 
removing such deputy, secretary, quarantine officer, superintendent, 
assistant, or clerk. The traveling and other necessary expenses incurred 
by the officers and employees herein provided for in the performance 
of their duties shall be paid from the funds appropriated for the sup- 
port of the office of the state commissioner of horticulture. Said com- 
missioner may arrange his office into three divisions, to wit: executive 



6 STATUTES, ETC., RELATING TO HORTICULTURE. 

office, quarantine division, insectary and pathological division. Said 
commi.ssioner may appoint a chief deputy who shall be an expert ento- 
mologist and horticulturist and shall have charge of the work in the 
field and shall represent the commissioner ex officio with the county 
horticultural commissionei's when so authorized in accordance with the 
provisions of the law. Such chief deputy shall receive a salary of two 
thousand four hundred dollars per annum. Said commissioner may 
appoint a secretary, who shall be a civil executive officer. Said secre- 
tary shall be versed in horticulture and entomology and shall compile 
such bulletins and such publications as may issue from the office of said 
commissioner from time to time, and shall perform all other duties as 
may be required of him by said commissioner. Such secretary shall 
receive a salary of two thousand four hundred dollars per annum. 
Said commissioner may appoint a clerk whose salary shall be one thou- 
sand five hundred dollars per annum. The main office of such com- 
missioner shall be at the city of Sacramento. The secretary of state 
shall furnish and set aside at the capitol a room or rooms suitable for 
offices for said commissioner, and if the secretary of state shall make 
and file an affidavit with the said commissioner stating that it is not 
possible for him, as such secretary of state, to provide and set aside an 
office for said commissioner in the capitol or in any state building under 
his control, because there is no such office room or rooms available, then, 
and after the making and delivery of such affidavit to such commis- 
sioner, the said commissioner may rent rooms convenient and suitable 
for his offices at a rental not to exceed one thousand dollars per year. 
The office of said commissioner shall be kept open every day except 
holidays, and shall be in charge of the secretary, during the absence of 
the commissioner. Said commissioner may also keep and maintain an 
office in the city and county of San Francisco at a yearly rental not to 
exceed the sum of five hundred dollars. Said commissioner may 
appoint for the work of the quarantine division a chief deputy quaran- 
tine officer who shall be a skilled entomologist and particularly con- 
versant with the nature of foreign insect pests and diseases and effective 
means of preventing their introduction, and shall have charge of the 
commissioner's San Francisco office provided for in this section of this 
act. Such chief deputy quarantine officer shall receive a salary of two 
thousand four hundred dollars per annum. Said commissioner may 
appoint a deputy quarantine officer who shall be a competent entomol- 
ogist for the purpose of quarantine work. Such deputy quarantine 
officer shall receive a salary of one thousand eight hundred dollars per 
annum. Said commissioner shall also properly maintain and operate 
the state insectary located on the state capitol grounds in Sacramento 
from funds provided by law for such purpose, and shall appoint for 
the work of the insectary division a superintendent of the insectary, 
who shall be an expert entomologist able to perform all the necessary 
duties with reference to the importation, rearing and distribution of 
beneficial insects. The salary of the superintendent of the state insec- 
tary shall be two thousand four hundred dollars per annum. Said 



STATUTES, ETC., RELATING TO HORTICULTURE. 7 

commissioner may appoint an assistant superintendent of the insectary, 
who shall be an economic entomologist, at a salary of one thousand eight 
hundred dollars per annum. Said commissioner may appoint a field 
deputy for the insectary division, who shall be a practical entomologist 
and whose salary shall be one thousand five hundred dollars per annum. 
The salaries of all the officers above mentioned shall be paid at the same 
time and in the same manner as the salaries of other state officers. Said 
commissioner may also appoint, by and with the approval of the gov- 
ernor, such temporary deputies from time to time as may be required 
and such temporary deputies shall receive such reasonable compensa- 
tion per diem as may be fixed by said commissioner. 

§ 2319a. Such commissioner shall collect books, pamphlets and 
periodicals and other documents containing information relating to 
horticulture and shall preserve the same; collect statistics and other 
information showing the actual condition and progress of horticulture 
in this state and elsewhere ; correspond with horticultural societies, col- 
leges and schools, and with the county horticultural commissioners 
existing or that may exist in this state, and with all other persons neces- 
sary to secure the best results to horticulture in this state. He shall 
require reports from county horticultural commissioners in this state, 
and may print the same or any part thereof as he may select, either in 
the form of bulletins or in his annual reports or both, as he shall deem 
proper. He shall issue and cause to be printed and distributed to 
county horticultural commissioners in this state, and to such other per- 
sons as he may deem proper, bulletins or statements containing all the 
information best adapted to promote the interest and protect the busi- 
ness and development of horticulture in this state. Such commissioner 
shall be deemed to be the state horticultural quarantine officer men- 
tioned in that certain act entitled, "An act for the protection of horti- 
culture, and to prevent the introduction into this state of insects, or 
diseases, or animals injurious to fruit or fruit trees, vines, bushes or 
vegetables, and to provide for a quarantine for the enforcement of this 
act," which became a law under constitutional provisions without the 
governor's approval on March 11th, 1899, for the purposes of that act, 
and shall be empowered to perform the duties which under that act are 
to be performed by the state horticultural quarantine officer; provided, 
that in any case where it shall become necessary in the judgment of the 
state commissioner of horticulture to quarantine a county or district 
within the state against another or other county or counties or districts 
within the state, or to quarantine the state or a county or district of 
the state against another state or a foreign country or countries then 
it shall be necessary that said ciuarantine shall be made by and with 
the approval of the governor as provided in this chapter. 

The state commissioner of horticulture may issue commissions as 
quarantine guardians to the county horticultural commissioners, depu- 
ties and inspectors appointed by them. 

§ 2319&. Said commissioner may, by and with the approval of the 
governor, establish, maintain and enforce such quarantine regulations 



8 STATUTES, ETC., RELATING TO HORTICULTURE. 

as may be deemed necessary to protect the nurseries, trees, shrubs, 
plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vege- 
tables or other articles of horticulture, against contagion or infection 
by injurious disease, insects or pests, by establishing such quarantine 
at the boundaries of this state or elsewhere within the state, and he 
may make and enforce, with the approval of the governor, any and all 
such rules and regulations as may be deemed necessary to prevent any 
infected stock, tree, shrub, plant vine, cutting, graft, scion, bud, fruit- 
pit, fruit, seeds, vegetable or other article of horticulture, from pass- 
ing over any quarantine line established and proclaimed pursuant to 
this act, and all such articles shall, during the maintenance of such 
quarantine, be inspected by such commissioner or by deputies appointed 
in writing by said commissioner, and he and the deputies so conduct- 
ing such inspection shall not permit any such article to pass over such 
a quarantine line during such quarantine, except upon a certificate of 
inspection signed by such commissioner or in his name by such a deputy 
who has made such inspection. All approvals by the governor given 
or made pursuant to this act shall be in writing and signed by the 
governor in duplicate, and one copy thereof shall be filed in the office 
of the secretary of state and the other in the office of said commissioner 
before such approval shall take effect. 

§ 2319c. Upon information received by such commissioner of the 
existence of any infectious disease, insect or pest, dangerous to any 
article, or to the interests of horticulture within this state, or that there 
is a probability of the introduction of any such infectious disease, insect 
or pest into this state or across the boundaries thereof, he shall proceed 
to thoroughly investigate the same and may establish, maintain and 
enforce quarantine as hereinbefore provided, with such regulations as 
may be necessary to circumscribe and exterminate or eradicate such 
infectious diseases, insects or pests, and prevent the extension thereof, 
and is hereby authorized to enter upon any ground or premises, and 
inspect any stock, tree, shrub, plant, vine, cutting, graft, scion, bud, 
fruit-pit, fruit, seed, vegetable or other article of horticulture or imple- 
ment thereof or box or package pertaining thereto, or connected there- 
Avith or that has been used in packing, shipping or handling the same, 
and to open anj^ such package, and generally to do, with the least injury 
possible under the conditions to property or business, all acts and things 
necessary to carry out the provisions of this chapter. 

§ 2319d. Upon the discover}^ of any infectious disease, insects or 
pests, such commissioner shall immediately report the same to such 
quarantine guardians, county horticultural commissioners or county 
boards of horticulture of such counties as are affected or liable to be 
affected by the disease, insect or pest, together with a statement as to 
the best known means or method for circumscribing, exterminating or 
eradicating the same, and shall state therein specifically what treat- 
ment or method should be applied in each case, as the matter may 
require, with a detailed statement or prescription as to the method of 
making or procuring and of applying any preparation or treatment so 



STATUTES, ETC., RELATING TO HORTICULTURE. 9 

recommended therefor, and the time and duration for such treatment, 
and if chemicals or articles be required other than those usually obtain- 
able in any town, the place or places where they are most readily to be 
obtained; and upon the receipt of such statement by any quarantine 
guardian, county horticultural commissioner or county board of horti- 
culture, or any member thereof it shall be the duty of such quarantine 
guardian, county horticultural commissioner or county board of horti- 
culture to distribute such statement in written or printed form to every 
person owning or having charge or possession of any orchard, nursery 
stock, tree, shrub, plant, fruits or article of horticulture within their 
county, where there may be or be likely to be any danger to the inter- 
ests of horticulture, and such a statement must be served wuth or be a 
part of the notice to be given to the owner or owners or person or per- 
sons, in possession of any orchard, nursery, tree, shrub, plants, fruits 
or other articles of horticulture, referred to, provided for, and required 
to be served in and by section 2 of chapter 183 of the laws of 1897 or 
any amendments which have been or may be made thereto. 

§ 2319e. Whenever it shall be necessary to establish quarantine 
under this chapter, if there be any authorities or officers of the United 
States having authority to act in such matter, or any part thereof, the 
said state commissioner of horticulture shall notify such authorities or 
officers of the United States, seeking their cooperation as far as possible 
wheresoever the jurisdiction of the United States extends and is being 
exercised. The said commissioner shall at once notify the governor of 
all quarantine lines established under or pursuant to this chapter, and 
if the governor approve or shall have approved of the same or any por- 
tion thereof the same shall be in effect and the governor may issue his 
proclamation proclaiming the boundaries of such quarantine and the 
nature thereof, and the order, rules or regulations prescribed for the 
maintenance and enforcement of the same, and may publish said procla- 
mation in such manner as he may deem expedient to give proper notice 
thereof. 

§ 2319/. The said state commissioner shall be ex officio a county 
commissioner of horticulture wherever such county commissioner has 
been appointed or may hereafter be appointed or exist in this state 
pursuant to law, whenever he is present and acting with said county 
horticultural commissioner within such county where such commissioner 
has been appointed. 

§ 2319(7. It shall be the duty of the superintendent of state printing 
to print and deliver to the state commissioner of horticulture, upon the 
written request of said commissioner, all such bulletins, orders, rules, 
regulations, statements, reports and other printed matter, as the said 
commissioner may deem necessary to have and use for carrying out the 
purposes of this chapter, and it shall be the duty of the secretary of 
state to cause to be prepared and furnished to such state commissioner 
all stationery, paper, blank forms, envelopes, and writing material need- 
ful and convenient for use in the office of such commissioner. 



10 STATUTES, ETC., RELATING TO HORTICULTURE. 

§ 2319/1. It shall be the duty of the state commissioner of horticul- 
ture to report in the month of January in each even-numbered year to 
the governor, and in each odd-numbered year to the legislature of this 
state the horticultural conditions of the state with statistics regarding 
the same, the efficiency of the work of the county horticultural com- 
missioners of the state and such other matters as he may deem expe- 
dient or as may be required either by the governor or legislature, and to 
include a statement of all the persons employed and moneys expended 
under this chapter by itemized statement thereof. 

§ 2319^. Any person wilfully refusing to comply with orders law- 
fully made under and pursuant to this chapter shall be guilty of a mis- 
demeanor, and upon conviction shall be fined not to exceed five hun- 
dred dollars. 

§ 2319^. All moneys paid hereunder shall be paid by the state treas- 
urer from monej^s appropriated for the support of the office of state 
commissioner of horticulture, and expenses other than the salary of the 
commissioner, the compensation of his deputies, secretary, quarantine 
officers, superintendents, assistants, and clerk, as allowed and provided 
by this chapter, must be certified by the said commissioner and be 
approved by the state board of examiners before being audited and 
paid. 



AN ACT RELATING TO THE COUNTY COMMISSIONER OF 

HORTICULTURE. 

CHAPTER 299. 

An act to amend sections 2322, 2322b, 2322c, 2322d and 2322e of the Political 
Code of the State of California, said sections relating to orchards, trees, 
vines or plants of any variety infested with diseases or scale insects of any 
kind injurious to fruit, fruit trees, vines or other plants or vegetables, or 
noxious weeds and to the eradication of insect pests and diseases, and to 
the appointment and removal of a county horticultural commissioner in 
the several counties of the state, prescribing his duties and powers and 
fixing his compensation and term of office, also providing for a state board 
of horticultural examiners, prescribing the duties of said board and pro- 
viding for examinations to be taken by persons desiring to qualify for 
position as county horticultural commissioners; providing for the dividing 
of the several counties of the state into districts by the respective county 
horticultural commissioners and providing for the appointment of deputy 
commissioners, local inspectors and quarantine guardians, prescribing their 
duties and powers and fixing their compensation. 

[Approved March 25, 1911.] 

The people of the State of California, represented in senate and assem- 
hly, do enact as follows: 

§ 2322, Political Code. Whenever a petition is presented to the board 
of supervisors of any county, or city and county, and signed by twenty- 
five or more persons each of Avhom is a resident freeholder and possessor 
of an orchard, or greenhouse or nursery, stating that certain or all 
orchards, or nurseries or trees or plants of any variety are infested 
with any serious infectious diseases, or insects of any kind injurious to 



STATUTES, ETC., RELATING TO HORTICULTURE. 11 

fruit, fruit trees, vines, or other plants or vegetables, or that there is 
growing therein the Russian thistle or saltwort {Salsoli kali var. tragus), 
eTohnson grass (Sorghum halepense) or other noxious weeds, codlin 
moth or other insects that are destructive to trees and plants ; and pray- 
ing that a commissioner be appointed by them, whose duties shall be to 
supervise the destruction of said insects, diseases or Russian thistle or 
saltwort, Johnson grass or other noxious weeds, as herein provided, 
the board of supervisors shall immediately notify the state board of 
horticultural examiners to furnish them a list of eligibles or competent 
persons as hereinafter provided, and from such list the said supervisors 
shall appoint a commissioner in accordance with the provisions of this 
chapter, whose term of office shall be for four years and until his suc- 
cessor shall be appointed and qualified and who shall give a bond in the 
sum of one thousand dollars for the faithful performance of his duties. 
The said term of office of anj^ and all county commissioners heretofore 
or hereinafter appointed shall commence on the date of appointment, 
and be for a period of four years and until his successor shall be 
appointed and qualified, at the end of which period the said term shall 
terminate, and said term shall run with and be attached to said office. 
In any case w^here such petition has already been presented or submitted, 
or is on file at the time of the passage of this act, as the basis for the 
appointment of a board of horticultural commissioners under this chap- 
ter as heretofore existing, such petition shall continue in full force and 
effect and the board of supervisors of any county, or city and county 
with which any such petition has been filed, or in which any board of 
horticultural commissioners has heretofore existed, must appoint a 
county horticultural commissioner. The person appointed to such posi- 
tion must be specially qualified for his duties and must be chosen and 
appointed by the board of supervisors from a list of eligible persons 
recommended and nominated to said board as hereinafter provided, such 
appointment to be made within thirty days after receipt of said list by 
said board of supervisors, and the said board of supervisors shall 
provide a suitable office for the said commissioner and all necessary 
expenses in the maintenance of said office shall be paid by said board of 
supervisors. A state board of horticultural examiners is hereby created 
consisting of the dean of the agricultural college of the University of 
California, the state commissioner of horticulture and the superin- 
tendent of the state inseetary, who are ex officio members of said board. 
They shall serve without pay and said board shall provide convenient 
means for the examination of candidates for appointment as horticul- 
tural commissioner. While in the performance of their duties as mem- 
bers of said board they shall be allowed all their necessary expenses for 
traveling, printing, postage and other incidental matters to be paid out 
of any appropriations made for the support of the office of the state 
commissioner of horticulture. At least thirty days before the date of 
the examination of candidates for the said appointments the state board 
of horticultural examiners shall post or cause to be posted in three 



12 STATUTES, ETC., RELATING TO HORTICULTURE. 

public places in said county notice of the time and place at which such 
examination will be held, setting forth the conditions and subjects of 
said examination. At the time and place stated and agreed upon such 
examination shall be held. Said examination shall be in writing and 
the board of horticultural examiners may appoint one of their own 
number, or some other reliable, competent person to conduct the hold- 
ing of such examination in each countj^ and forward the papers of each 
applicant to the board for consideration. Within twenty days after 
the examination is held said examiners shall certify to the board of 
supervisors of the county, or city and county for which the examina- 
tion was had, the names of such persons examined as they deem com- 
petent and qualified for the office and from the list of names so certified 
the supervisors shall within thirty days after the receipt of said list of 
names appoint a horticultural commissioner. As far as possible the 
board of horticultural examiners shall consult the resident horticultur- 
ists of the county in determining the responsibility and moral quali- 
fications of candidates for appointment as commissioners and whose 
names they certify to the boards of supervisors of the several counties. 
If no person or persons present themselves for examination before said 
board of horticultural examiners or if aftel* such examination no per- 
son is found qualified, the state board of horticultural examiners shall 
name five competent persons and certify them to the board of super- 
visors and from these names the board of supervisors shall within thirty 
days after the receipt thereof appoint a county horticultural commis- 
sioner, and in such event the commissioner so appointed shall hold office 
for the term of one year. In case of a vacancy in the office of horticul- 
tural commissioner, the vacancy shall be filled first from the list of 
eligibles certified to the board of supervisors under the provision of this 
chapter, and if there be no person named on the said list of eligible 
persons as in this section first above provided, then said vacancy shall 
be filled from the list of competent persons named as in this section 
last above provided, and if said vacancy shall be filled from the said list 
of eligibles the said person so appointed shall hold for the balance of 
the unexpired term, but if the said vacancy be filled from the said list 
of competent persons, the said person shall hold for the balance of the 
unexpired term, if the said unexpired term be not longer than one year, 
but if said unexpired term be longer than one year then such person 
shall not by virtue of such appointment hold longer than one year from 
the date of his appointment. Whenever elsewhere in the laws of this 
state reference is made to a county board of horticultural commis- 
sioners such reference must be understood to mean or relate to the 
county horticultural commissioner herein provided for and said county 
board of horticultural commissioners and the members thereof shall 
cease to exist as such; provided, that all county boards of horticultural 
commissioners existing at the time of the passage of this act shall con- 
tinue in office, with full power as heretofore existing until the election 
or appointment to succeed them, of a county horticultural commis- 



STATUTES, ETC., RELATING TO HORTICULTURE. 13 

sioner under the provisions of this act. Upon the petition of twenty- 
five resident freeholders who are possessors of an orchard, greenhouse 
or nursery the board of supervisors may remove said commissioner for 
neglect of duty or malfeasance in office after hearing of the petition. 
In case of such removal upon such hearing, the board shall immedi- 
ately proceed to fill said olfiee for the unexpired term as in cases of 
vacanc,y as hereinbefore provided. 

§ 2322o. It shall be the duty of the county horticultural commis- 
sioner in each county, whenever he shall deem it necessary, to cause an 
inspection to be made of any premises, orchards or nursery, or trees, 
plants, vegetablas, vines, or fruits, or any fruit-packing house, store- 
room, salesroom, or any other place or article in his jurisdiction, and if 
found infected with infectious diseases, scale insects, or codlin moth, 
or other pests injurious to fruit, plants, vegetables, trees, or vines, or 
with their eggs, or larvte, or if there is found growing thereon the 
Russian thistle or saltwort, Johnson grass or other noxious weeds, he 
shall in writing notify the owner or owners, or person or persons in 
charge, or in possession of the said places or orchards or nurseries, or 
trees, or plants, vegetables, vines, or fruit, or article as aforesaid, that 
the same are infected with said diseases, insects, or other pests, or any 
of them, or their eggs or larvae, or that the Russian thistle or saltwort, 
Johnson grass or other noxious weeds is growing thereon, and require 
such person or persons, to eradicate or destroy the said insects, or other 
pests, or their eggs or larva?, or Russian thistle or saltwort, Johnson 
grass or other noxious weeds within a certain time to be therein speci- 
fied. Said notices may be served upon the person or persons, or either 
of them, owning or having charge, or having possession of such infested 
place or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, 
or articles, as aforesaid, or premises where the Russian thistle or salt- 
wort, Johnson grass or other noxious weeds shall be growing, or upon 
the agents of either, by any commissioner, or by any person deputed by 
the said commissioner for that purpose in the same manner as a sum- 
mons in a civil action; provided, however, that if any such infected or 
infested articles, property or premises as hereinabove specified belong 
to any non-resident person and there is no person in control or pos- 
session thereof and such non-residtent person has no tenant, bailee, 
depositary or agent upon whom service can be had ; or if the owner or 
owners of any such articles, property or premises can not after due 
diligence be found, then such notice may be served by posting the same 
in some conspicuous place upon such articles, property or premises, and 
by mailing a copy thereof to the owner thereof at his last known place 
of residence, if the same is known or can be ascertained. Any and all 
such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, 
vines, fruit, or articles thus infested, or premises where the Russian 
thistle or saltwort or Johnson grass or other noxious weeds shall be 
growing, are hereby adjudged and declared to be a public nuisance; 
and whenever any such nuisance shall exist at any place within his 



14 STATUTES, ETC., RELATING TO HORTICULTURE. 

county, and the proper notice thereof shall have been served, as herein 
provided, and such nuisance shall not have been abated within the time 
specified in such notice, it shall be the duty of the county horticultural 
commissioner to cause said nuisance to be at once abated, by eradicating 
or destrojang said diseases, insects, or other pests, or their eggs, or 
larvaj, or Russian thistle or saltwort or Johnson grass or other noxious 
weeds. The expense thereof shall be a county charge, and the board of 
supervisors shall allow and pay the same out of the general fund of 
the county. Any and all sum or sums so paid shall be and become a 
lien on the property and premises from which said nuisance has been 
removed or abated in pursuance of this chapter. A notice of such lien 
shall be filed and recorded in the office of the county recorder of the 
county in which the said property and premises are situated, within 
thirty days after the right to the said lien has accrued. An action to 
foreclose such lien shall be commenced within ninety days after the 
filing and recording of said notice of lien, which action shall be brought 
in the proper court by the district attorney of the county in the name 
and for the benefit of the county making such payment or payments, 
and when the property is sold, enough of the proceeds shall be paid 
into the county treasury of such county to satisfy the lien and costs; 
and the overplus, if any there be, shall be paid to the owner of the 
property, if he be known, and if not, into the court for his use when 
ascertained. The county horticultural commissioner is hereby vested 
with the power to cause any and all such nuisances to be at once abated 
in a summary manner. 

§ 2322&. Said county horticultural commissioner shall have power 
to divide the county into districts, and to appoint a local inspector, to 
hold office at the pleasure of the commissioner, for each of said districts, 
and may with the consent and approval of the board of supervisors, 
appoint a deputy horticultural commissioner from a list of qualified 
persons certified to the board of supervisors by the state board of hor- 
ticultural examiners, such deputy to hold office at the pleasure of the 
commissioner. The state commissioner of horticulture may issue com- 
missions as quarantine guardians to the county horticultural commis- 
sioner, the deputy and inspectors appointed by him. The said quaran- 
tine guardians, local inspectors, dejyities or the said county horticultural 
commissioner, have full authority to enter into any orchard, nursery, 
place or places where trees or plants or fruit are kept and offered for 
sale or otherwise, or any house, storeroom, salesroom, depot, or any other 
such place in their jurisdiction, to inspect the same, or any part thereof. 

§ 2322c. It is the duty of the said county horticultural commissioner 
to keep a record of his official doings and to make a report to the state 
commissioner of horticulture on or before the first day of October of 
each year of the condition of the horticultural interests in their several 
districts, what is being done to eradicate insect pests, also as to disin- 
fecting, and as to quarantine against insect pests and diseases, and as 
to the carrying out of all laws relative to the greatest good of the horti- 
cultural interests, and to furnish from time to time to the state com- 



STATUTES, ETC., RELATING TO HORTICULTURE. 15 

missioner of horticulture such other information as he may require. 
Said state commissioner of horticulture may publish such reports in 
bulletin form or may incorporate so much of the same in his annual 
report as may be of general interest. It is also made the duty of the 
county horticultural commissioner to advise himself with reference to 
all infectious diseases, scale insects or codlin moth or other pests inju- 
rious to fruit, plants, vegetables, trees or vines, and with their eggs or 
larvffi and all noxious weeds or grasses that may exist in his county or 
be likely to exist therein and for the purpose of so advising himself and 
of eradicating and preventing injury from such causes, and for the 
purpose of advising himself on the best and most efficacious methods of 
performing his duties and conducting his office he shall attend the 
annual meeting of the state association of county horticultural com- 
missioners, and such other meetings as the state commissioner of horti- 
culture shall require, and he shall be paid his per diem compensation 
and traveling expenses while so engaged. 

§ 2322d. The salary of all inspectors working under the county hor- 
ticultural commissioner is three dollars and fifty cents per day. The 
salary of the deputy shall be five dollars per day when in the actual 
performance of his duties and the necessary traveling expenses. In 
the case of the commissioner himself his compensation shall be six dol- 
lars per day when actually engaged in the performance of his duties, 
and the necessary traveling expenses incurred in the discharge of his 
regular duties as prescribed in this chapter. 

§ 2322e. It is the duty of the county horticultural commissioner to 
keep a record of his official acts, and make a monthly report to the 
board of supervisors ; and the board of supervisors may withhold war- 
rants for salary of said commissioner, deputy and inspectors imtil such 
time as such report is made. 



HORTICULTURAL QUARANTINE LAW. 

An act for the protection of horticulture, and to prevent the introduction into 
this state of insects, or diseases, or animals, injurious to fruit or fruit trees, 
vines, bushes, or vegetables, and to provide for a quarantine for the enforce- 
ment of this act. 

[Became a law under constitutional provision, without governor's approval, 

March 11, 1899.] 

Section 1. Any person, persons, or corporation, who shall receive, 
bring, or cause to be brought into this state any nursery stock, trees, 
shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit-pits, or fruit 
or vegetables, shall, within twenty-four hours after the arrival thereof, 
notify the state horticultural quarantine officer, or the quarantine 
guardian of the district or county in which such nursery stock, or fruit, 
or vegetables are received, of their arrival, and hold the same without 
unnecessarily moving the same or placing such articles where they may 
be harmful, for the immediate inspection of such state horticultural 
quarantine officer or guardian. If there is no quarantine guardian or 

Note. — The Horticultural Quarantine Law approved March 11. 1899. was repealed 
by the State Quarantine Law approved .January 2, 1912. See pages 129 to 1.32. 



16 STATUTES, ETC., RELATING TO HORTICULTURE. 

state horticultural quarantine officer in the county where such nursery 
stock, or trxtit, or vegetables are received, it shall then be the duty of 
such person, persons, or corporation to notify the state board of horti- 
culture [state commissioner of horticulture] , who shall make immediate 
arrangements for their inspection. The state horticultural quarantine 
officer, quarantine guardian, or such person, or persons, as shall be com- 
missioned by the state board of horticulture [state commissioner of 
horticulture] to make such inspection, or to represent said board [com- 
missioner], are hereby authorized and empowered to enter into any 
warehouse, depot, or upon any dock, wharf, mole, or any other place, 
w^here such nursery stock, or fruit, or vegetables, or other described 
articles are received, for the purpose of making the investigation or 
examination herein provided for. 

Sec. 2. Each carload, case, box, package, crate, bale, or bundle of 
trees, shrubs, plants, vines, cuttings, grafts, cions, buds, or fruit pits, 
or fruit or vegetables, imported or brought into this state, shall have 
plainly and legibly marked thereon in a conspicuous manner and place 
the name and address of the shipper, owner, or person forwarding or 
shipping the same, and also the name of the person, firm, or corporation 
to whom the same is forwarded or shipped, or his or its responsible 
agent, also the name of the country, state, or territory where the con- 
tents were grown. 

Sec. 3. "When any shipment of trees, shrubs, plants, vines, cuttings, 
grafts, cions, buds, fruit-pits, or fruit or vegetables, imported or brought 
into this state, is found infested with injurious insects, or their eggs, 
larvge, or pupae, or infected with tree, plant, or fruit disease or diseases, 
the entire shipment shall be disinfected at the expense of the owner, 
owners, or agent. After such disinfection, it shall be detained in quar- 
antine the necessary time to determine the result of such disinfection. 
If the disinfection has been so performed as to destroy all insects, or 
their eggs, and so as to eradicate all disease and prevent contagion, and 
in a manner satisfactory to the state horticultural quarantine officer, 
the quarantine guardian of the district, or the person commissioned by 
said board, the trees, vines, vegetables, seeds, or other articles shall then 
be released. 

Sec. 4. When any shipment of trees, shrubs, plants, vines, cuttings, 
grafts, scions, buds, fruit-pits, or fruit or vegetables, imported or brought 
into this state, is found infested with any species of injurious insects, or 
their eggs, larvge, or pupaj, not existing in the orchards, vineyards, gar- 
dens, or farms of California, such infested shipments shall be immedi- 
ately sent out of the state, or destroyed, at the option of the owner, 
owners, or agent, and at his or their expense. 

Sec. 5. No person, persons, or corporation, shall bring or cause to 
be brought into the state any peach, nectarine, or apricot trees, or cut- 
tings, grafts, cions, buds, or pits of such trees, or any trees budded or 
grafted upon peach stock or root that has been in a district where the 
disease known as ''peach yellows" or the contagious disease known as 
contagious "peach rosette" are known to exist, and any such attempt- 



STATUTES, ETC., RELATING TO HORTICULTURE. 17 

ing to land or enter shall be refused entry and shall be destroyed or 
returned to the point of shipment, at the option of the owner, owoiers, 
or agent, and at his or other [their] expense. 

Sec. 6. No person, persons, or corporations shall bring, or cause to 
be brought into this state any injurious animals known as English or 
Australian wild rabbit, flying-fox, mongoose, or any animal or other 
animal or animals detrimental to horticultural and agricultural interests. 

Sec. 7. Any person, persons, or corporation violating any of the pro- 
visions of this act is guilty of a misdemeanor. 

Sec. 8. This act shall take effect and be in force from and after its 
jjassage. 

PROPER NAMING OF NURSERY STOCK. 

An act to provide for the proper naming of trees, seeds, plants, and vines, sold, 
offered, or exposed for sale in this state and providing a penalty for the 
violation of this act. 

[Approved March 3, 1905.] 

The peoi^lc of tJie State of California, represented in senate and assem- 
bly, do enact as follotvs: 

Section 1. All trees, seeds, plants and vines, sold, offered or ex- 
posed for sale in the State of California shall be properly named as to 
variety and kind, and any person knowingly selling, trading, or 
exchanging, or oft'ering or exposing for sale any trees, seeds, plants or 
vines falsely named as to variety and kind shall be guilty of a misde- 
meanor, and shall be liable to a fine of not less than ten dollars, nor 
more than three hundred dollars. 



AGAINST SELLING TREES UNDER FALSE NAME. 

An act prohibiting the sale of any fruit tree or fruit trees of a certain kind, 
variety or description and the delivery thereafter with the intent to 
deceive to the purchaser of a fruit tree or fruit trees of a different kind, 
variety or description, and providing penalties for the violation thereof, and 
prescribing the time within which prosecutions under this act may be 
commenced. 

[Approvefl March 15. 1907.] 

Section 1. It shall be unlawful for anj'' person, persons, firm or 
corporation, acting either as principal or agent, to sell, to any person, 
persons, firm or corporation any fruit tree or fruit trees representing 
same to be of a certain kind, variety, and description and thereafter to 
deliver to such purchaser in filling such order and in completing such 
sale a fruit tree or fruit trees of a different kind, variety or descrip- 
tion than the kind, variety or description of such fruit tree or fruit 
trees so ordered and sold. 

Sec. 2. Any person violating any provisions of this act shall be 
deemed guilty of a misdemeanor and upon conviction shall be fined in 
a sum not less than fifty ($50.00) dollars nor more than five hundred 
($500.00) dollars, or by imprisonment in the county jail for not less 

2— HS 



18 STATUTES, ETC., RELATING TO HORTICULTURE. 

than twenty days or more than six months, or by both fine and impris- 
onment. 

Sec. 3. Prosecutions under this act may be commenced at any time 
within seven years from the time of the delivery of such fruit tree or 
iruit trees mentioned in section one. 

Sec. 4. This act shall take effect and be in force from and after its 
passage. 



STATE INSECTICIDE AND FUNGICIDE LAW. 

[Approved May 1, 1911.] 

Section 1. That it shall be unlawful for any person to manufac- 
ture Avithin this state any insecticide, paris green, lead arsenic, or fungi- 
cide which is adulterated or misbranded within the meaning of this act ; 
and any person who shall violate any of the provisions of this section 
shall be guilty of a misdemeanor, and shall, upon conviction thereof, be 
fined not to exceed two hundred dollars for the first offense, and upon 
conviction for each subsequent offense be fined not to exceed three hun- 
dred dollars, or sentenced to imprisonment for not to exceed one year, 
or both such fine and imprisonment, in the discretion of the court. Said 
fines and those specified in section 2 of this act to be paid into the school 
fund of the county in which conviction is had. 

Sec. 2. Any person who shall offer to deliver to any other person 
or any person who shall sell or offer for sale in this state any such adul- 
terated or misbranded insecticide or paris green or lead asenate or 
fungicide which is adulterated or misbranded within the meaning of 
this act, or export or offer to export the same to any foreign country 
shall be guilty of a misdemeanor, and for such offense be fined not 
exceeding two hundred dollars for the first offense, and upon conviction 
for each subsequent offense not exceeding three hundred dollars, or 
to be imprisoned not exceeding one year, or both, in the discretion of 
the court ; provided, that no article shall be deemed misbranded or 
adulterated within the provisions of this act when intended for export 
to any foreign country and prepared or packed according to the specifi- 
cations or directions of the foreign purchaser; but if said article shall 
be in fact sold or offered for sale for domestic use or consumption, then 
this proviso shall not exempt said article from the operation of any of 
the provisions of this act. 

Sec. 3. The examination of specimens of insecticides, paris greens, 
lead arsenates and fungicides shall be made by the director of the agri- 
cultural experiment station of the University of California in person 
or by deputy, for the purpose of determining from such examination 
whether such articles are adulterated or misbranded within the mean- 
ing of this act ; and if it shall appear from any such examination that 
any of such specimens are adulterated or misbranded within the mean- 
ing of this act, the said director shall cause notice thereof to be given 
to the party from whom such sample was obtained. Any party so 



STATUTES, ETC., RELATING TO HORTICULTURE. 19 

notilled shall be given an opportunity to be heard under the rules and 
i-egulations adopted by the United States government for the enforce- 
ment of the national insecticide act of 1910, and if it appears that any 
of the provisions of this act have been violated by* such party, then the 
s;aid director shall at once certify the facts to the proper district attor- 
ney. Avith a copy of the results of the analysis or the examination of 
such article duly authenticated by the analyst or officer making such 
examination, under the oath of such officer. After judgment of the 
court, notice shall be given by publication in such manner as the said 
director may determine. 

Sec. 1. That it shall be the duty of each district attorney to whom 
the said director shall report any violation of this act or present satis- 
factory evidences of any such violation, to cause appropriate proceed- 
ings to be commenced and prosecuted in the proper courts of the State 
of California without delay, for the enforcement of the penalties as in 
such case herein provided. 

Sec. 5. In any action, civil or criminal, in any court in this state, 
a certificate, under the hand of said director, and the seal of said uni- 
vereity, stating the results of any analysis purporting to have been 
made under the provisions of this act, shall be prima facie evidence of 
the fact that the sample or samples mentioned in said analysis or cer- 
tificate were properly analyzed as in this act provided ; that the sub- 
stances analyzed contained the component parts stated in such certificate 
and analysis; and that the samples were taken from the parcels or pack- 
ages or lots mentioned or described in said certificate. 

Sec. 6. That the term "insecticide" as used in this act shall include 
any substance or mixture of substances intended to be used for pre- 
venting, destroying, repelling or mitigating any insects which may 
infest vegetation, man or other animals, or households, or be present in 
any environment whatsoever. The term "paris green'' as used in this 
act shall include the product sold in commerce as paris green and chem- 
ically known as the aceto-arsenite of copper. The term "lead ar.senate" 
;is used in this act shall include the product or products sold in commerce 
as lead arsenate and consisting chemically of products derived from 
arsenic acid (H.,As04) by replacing one or more hydrogen atoms by 
lead. That the term "fungicide" as used in this act shall include any 
substance or mixture of substances intended to be used for preventing, 
destroying, repelling, or mitigating any and all fungi that may infest 
vegetation or be present in any environment whatsoever. 

Sec. 7. That for the purpose of this act an article shall be deemed 
to be adulterated — 

In the case of paris green : First, if it does not contain at least fifty 
per centum of arsenious oxide ; second, if it contains arsenic in water- 
soluble forms equivalent to more than three and one half per centum 
of arsenious oxide; third, if any substance has been mixed and packed 
with it so as to reduce or lower or injuriously affect its quality or 
strength. 



20 STATUTES, ETC., RELATING TO HORTICULTURE. 

In the case of lead arsenate : First, if it contains more than fifty per 
centum of water; second, if it contains total arsenic equivalent to less 
than twelve and one half per centum of arsenic oxide (As^O.,) ; third, 
if it contains arsenic* in water-soluble forms equivalent to more than 
seventy-five one-hundredths per centum of arsenic oxide (AsoOg) ; 
fourth, if any substances have been mixed and packed with it so as to 
reduce, lower, or injuriously affect its quality or strength ; provided, 
however, that extra water may be added to lead arsenate (as described 
in this paragraph) if the resulting mixture is labeled lead arsenate and 
water, the percentage of extra water being plainly and correctly stated 
on the label. 

In the case of insecticides or fungicides, other than paris green and 
lead areenate : First, if its strength or purity fall ])elow the professed 
standard or quality under which it is sold ; second, if any substance has 
been substituted wholly or in part for the article ; third, if any valuable 
constituent of the article has been wholly or in part abstracted ; fourth, 
if it is intended for use on vegetation and shall contain any substance 
or substancies which, although preventing, destroying, repelling, or miti- 
gating insects, shall be injurious to such vegetation when used. 

Sec. 8. That the term "misbranded" as used herein shall apply to 
all insecticides, paris greens, lead arsenates, or fungicides or articles 
M^hich enter into the composition of insecticides or fungicides, the pack- 
age or label of which shall bear any statement, design or device regard- 
ing such article or the ingredients or substances contained therein which 
shall be false or misleading in any particular, and to all insecticides, 
I^aris greens, lead arsenates, or fungicides which are falsely branded as 
to the state, territory, or country in which they are manufactured or 
produced. 

That for the purpose of this act an article shall be deemed to be 
misbranded — 

In the case of insecticides, paris greens, lead arsenates, and fungi- 
cides : First, if it be an imitation or ofi^ered for sale under the name of 
another article ; second, if it be labeled or branded so as to deceive or 
mislead the purchaser, or if the contents of the package as originally 
put up shall have been removed in whole or in part and other contents 
shall have been placed in such package; third, if in package" form, and 
the contents are stated in terms of weight or measure they are not 
plainly and correctly stated on the outside of the package. 

In the case of insecticides (other than paris greens and lead arse- 
nates) and fungicides: First, if it contains arsenic in any of its combi- 
nations or in the elemental form and the total amount of arsenic present 
(expressed as per centum of metallic arsenic) is not stated on the label; 
second, if it contains arsenic in any of its combinations or in the ele- 
mental form and the amount of arsenic in water-soluble forms (ex- 
pressed as per centum of metallic arsenic) is not stated on the label; 
third, if it consists partially or completely of an inert substance or sub- 
stances which do not prevent, destroy, repel or mitigate insects or 



STATUTES, ETC., RELATING TO HORTICULTURE. 21 

fungi and does not have the names and percentage amounts of each and 
every one of such inert ingredients plainly and correctly stated on the 
label; provided, liowever, that in lieu of naming and stating the per- 
centage amount of each and every inert ingredient the producer may 
at his discretion state plainly upon the label the correct names and per- 
centage amounts of each and every ingredient of the insecticide or 
fungicide having insecticidal or fungicidal properties, and make no 
mention of the inert ingredients, except in so far as to state the total 
percentage of inert ingredients present. 

Sec. 9. That no dealer shall be prosecuted under the provisions of 
this act when he can establish a guaranty signed by the wholesaler, job- 
ber, manufacturer, or other party from whom he purchased such arti- 
cles, to the effect that the same is not adulterated or misbranded within 
the meaning of this act, designating it. Said guaranty to afford pro- 
tection shall contain the name and address of the party or parties mak- 
ing the sale of such articles to such dealer, and an itemized statement 
showing the articles purchased ; or a general guaranty may be filed with 
the secretary of the United States department of agriculture by the 
manufacturer, wholesaler, jobber or other party in the United States 
and be given a serial number, which number shall appear on every 
package of insecticide or fungicide sold under such guaranty with the 
words "guaranteed by" (the name of the guarantor) under the insect- 
icide act of 1910 ; and in such case said party or parties shall be amen- 
able to the prosecutions, fines, and other penalties which would attach 
in due course to the dealer under the provisions of this act. 

Sec. 10. That the word ''person" as used in this act shall be con- 
strued to mean both the plural and the singular, as the case demands, 
and shall include corporations, companies, societies and associations. 
"When construing and enforcing the provisions of this act, the act, 
omission or failure of any officer, agent, or other person acting for or 
employed by anj^ corporation, company, society or association, within 
the scope of his employment or office, shall in every case be also deemed 
to be the act, omission, or failure of such corporation, company, society, 
or association, as well as that of the other person. 

Sec. 11. Every lot, parcel, or package of commercial insecticides or 
fungicides or materials to be used for fungicidal or insecticidal pur- 
poses, sold, offered, or exposed for sale, within this state, shall be accom- 
panied by a plainly printed label, stating the name, brand, and trade- 
mark, if any there be, under which the insecticide or fungicide is sold, 
the name and address of the manufacturer, importer, or dealer, the 
place of manufacture, and a chemical analysis, stating the percentages 
claimed to be therein, of the substance or substances alleged to have 
insecticidal properties, specifying the form or forms in which each is 
present, and the materials from which all constituents of the insecticides 
are derived. All anal^'ses of substances for which methods have been 
agreed upon by the American Association of Official Agricultural Chem- 
ists, are to be made*by such official methods. In the case of those insec- 



22 STATUTES, ETC., RELATING TO HORTICULTURE. 

ticides the selling price of which is less than one half cent per pound, 
said label need only give a correct general statement of the nature and 
composition of the insecticide it accompanies. 

Sec. 12. The manufacturer, importer, agent of, or dealer in any 
commercial insecticide, or materials used for insecticidal purposes, the 
selling price of which to the consumer is not less than one half cent 
(^ cent) per pound, shall, before the same is offered for sale, obtain a 
(Certificate of registration from the secretary of the board of regents of 
the University of California, countersigned b.y the said university, 
authorizing the sale of insecticides in this state, and shall securely fix 
to each lot, parcel, or package of insecticide the word "registered" with 
the number of registry. The manufacturer, importer, agent, or dealer 
obtaining such registry shall pay to the said secretary the sum of one 
($1.00) dollar, to be applied as provided in section 18 of this act; such 
registration shall expire on the thirtieth day of June of the fiscal year 
for which it was given ; provided, the provisions of this section shall not 
apply to any agent whose principals shall have obtained a certificate 
of registration as herein provided. Every such manufacturer, importer, 
agent, or dealer, who makes or sells, or offers for sale, any such sub- 
stances, under a name or brand, shall file, on or before the first day of 
July, in each year, a statement, under oath, with the director of the 
agricultural experiment station of the University of California, stating 
such name or lirand, and stating the component parts, in accordance 
with the provisions of section 11 of this act, of the substances to be sold 
or offered for sale, or manufactured under each such name or brand. 

Sec. 13. The said director shall annually, on or before the first day 
of September, take samples in accordance with the provisions of section 
14 hereof, of the substance made, sold, or offered for sale, under every 
such name or brand, and cause analyses to be made thereof in accord- 
ance with the provisions of section 11 hereof, and said analyses may 
include such other determinations as said director may at any time 
deem advisable. ]3ealers in or manufacturers of insecticides must give 
free access to the director of the agricultural experiment station, or his 
duly authorized deputy, to all the materials which they may place on 
1he market for sale in California. Whenever the analysis certified by 
the said director shall show a deficiency of not more than five per cent 
of the substance alleged to have insecticidal properties, the statement 
of the manufacturer or importer, as required in section 11 of this act, 
shall not be deemed to be false in the meaning of this act ; provided, 
that this act shall not apply to sales of insecticidal materials made to a 
registered manufacturer of insecticides or to sales for export outside of 
this state; provided, further, that the said director of the agricultural 
experiment station of the University of California shall, upon the 
receipt of a sample of insecticide, accompanied with a nominal fee of 
one dollar furnish to the user of said commercial insecticide such exam- 
ination or analysis of the sample as will substantially establish the con- 
formity or non-conformity of the said insecticide to the guarantee 
under which it was sold. 



STATUTES, ETC., RELATING TO HORTICULTURE. 23 

Sec. 14. The director of the agricultural experiment station of the 
University of California, in person or by deputy, is hereby authorized 
to take a sample, not exceeding two pounds in weight for analysis by 
the said director or his deputies, from any lot, parcel or package of 
insecticide or fungicide, or material, or mixture of materials used for 
insecticidal or fungicidal purposes, which may be in the possession of 
any manufacturer, importer, agent or dealer; but said sample shall be 
drawn in the presence of said party or parties in interest, or their rep- 
resentatives. In lots of five tons or less, samples shall be drawn from 
at least ten packages, or, if less than ten packages are present, all shall 
l)e sampled; in lots of over five tons, not less than twenty packages shall 
be sampled. The samples so drawn shall be thoroughly mixed, and 
from it two equal samples shall be drawn and placed in glass vessels, 
carefully sealed, and a label placed on each, stating the name or brand 
of the insecticide or material sampled, the name of the party from 
whose stock the sample was drawn, and the time and place of drawing ; 
and said label shall also be signed by the said director or his deputy 
making such inspection, and by the party or parties in interest, or their 
i-epresentatives present at the drawing and sealing of said samples. 
One of said duplicate samples shall be retained by the party whose 
stock was sampled, and the other by the director of the agricultural 
experiment station of the University of California. 

Sec. 15. The director of the agricultural experiment station of the 
University of California shall publish in bulletin form, from time to 
time, at least annually, the results of the analyses, hereinbefore pro- 
vided with such additional information as circumstances may advise. 

Sec. 16. There is hereby' provided for carrying out the purposes 'of 
this act, out of any moneys in the state treasury not otherwise appro- 
priated, the sum of five thousand dollars for each fiscal year hereafter, 
beginning with the first day of July, 1911. 

Sec. 17. All persons charged with the enforcement or execution of 
any of the provisions of this act shall not directly or indirectly be inter- 
ested in the sale, manufacture or distribution of any insecticide or 
fimgicide affected by this act. 

Sec. 18. All moneys, whether received from registry and analytical 
fees or special license fees shall be paid to the secretary of the board of 
legents of the XTniversity of California for the use of said board in 
carrying out the provisions of this act. 

Sec. 19. An act to prevent fraud in the sale of ])aris green used as an 
insecticide, chapter LIU, page 69, Statutes of 1901, is hereby repealed. 

Sec. 20. This act shall take effect and be in force from and after 
July 1, 1911. 

QUARANTINE ORDER NO. 1. 
Pertaining to White Fly (Aleyrodes citri.) 

Sacramento, March G. lOOi;. 
Whereas. Information has been received by the Commission to the efifoct that 
white fly (Aleyrodes citri) is prevalent in the states of Florida and Louisiana and 
that it is found upon a wide range of plants and trees in thosr states, whei-e it is a 



24 STATUTES, ETC., RELATING TO HORTTCULTUKE. 

serious, costly, and uncontrollable pest, and that oranges, lemons, citrus and other 
nursery stock, as well as herbaceous and other plants, are infested with said white fly 
{Alryrodes citri) ; and. 

Whereas, Said Aleyrodes citri does not exist upon any fruit, trees or plants in 
the State of California ; and 

Whereas, There is great danger to be apprehended to the fruit industry of this 
State from the importation of nursery stock, trees, fruit or plants from infested sec- 
tions in Florida and Louisiana ; therefore. 

It is Declared, That a horticultural quarantine be and is hereby established against 
nil fruit, nursery stock, fruit pits, orange seed and plants of all kinds imported from 
the states of Florida and Louisiana, or any other section known to harbor Aleyrodes 
citri, into the State of California ; all horticultural commissioners, local inspectors, 
iind deputies of the State Horticultural Commission are hereby instructed and 
required to hold any and all such fruit, nursery stock, fruit pits, orange seed and 
plants of all kinds, subject to the shippers or owners thereof, for exportation out of 
the State or to be destroyed ; provided, that orange seed may be received into the 
State of California upon compliance with the following conditions : 

Every lot of orange seed brought into the State of California from Florida, Loui- 
siana, or other territory infested with Aleyrodes citri must be enclosed in a box suffi- 
ciently tight and secure to prevent the egress of all insect pests should any be 
enclosed ; every such lot of seed must be shipped to William Wood, Quarantine In- 
spector, or to any other person authorized in writing by the State Commissioner of 
Horticulture to receive it ; every lot must be delivered at such freight or express 
office as shall be designated by said William Wood, or other authorized person, and 
held by him in quarantine until in his judgment the lot should be released. All 
expense incurred in treating for disinfection of such lot of seed shall be paid by the 
consignee or owner and the seed shall not be released till the same is paid. 

J. W. JEFFREY, 
Approved by State Commissioner of Horticulture. 

J. N. GILLETT, 

Governor of the State of California. 

Note— Original order issued March 2, 1906. Amended April 6, 1910. Issued by 
Bllwood Cooper, State Commissioner of Horticulture. Approved by Geo. C. Pardee, 
Governor of State of California. 

QUARANTINE ORDER NO. 2. 

Pertaining to Cotton Boll Weevil. 

Sacramento, April 23, 1908. 

Whereas, Information has been received by this Commission to the effect that 
cotton seed is about to be imported into this State from sections affected with the 
cotton boll weevil (Atithoiiomus grandis Boh.) and that the same is a serious pest in 
such sections Avhere it prevails : and. 

Whereas, The said cotton boll weevil {Anthonoiniis grandis) does not, nor ever 
lias, existed in this State, and that, if introduced, the same would become a serious 
ond dangerous pest, probably spreading to other food plants ; and. 

Whereas, The cotton boll weevil {Anthoiionuis grandis), while not attacking the 
seed of the cotton plant, may hibernate in the hulls or be carried in the mass, and 
thus become established in new locations ; therefore, acting upon information received 
from and a i-equest made by the Bureau of Plant Industry of the Department of 
Agriculture of the United States, it is hereby 

Ordered, that no coton seed shall be admitted into this State and a horticultural 
quarantine is hereby established against the same except under the conditions herein 
set forth : 

First, that in addition to the offices of the State Commission of Horticulture. 
Capitol Building, Sacramento, and Room II Ferry Building, San Francisco, El 
Centro in Imperial County, San Bernardino in San Bernardino County, Riverside in 
Riverside County, Los Angeles in Los Angeles County, and San Diego in San Diego 
County, are hereby declared horticultural quarantine stations for the inspection of all 
cotton seed coming or being imported into this State. 

Second, the Board of Horticultural Commissioners of each of said counties, and 
each of them, is hereby declared a special deputy commissioner of horticulture for the 
purpose of enforcing this order ; and it is further 

Ordered, That all cotton seed brought or imported into this State shall be inspected 
in the county into which it is brought by one of the deputy commissioners above 



STATUTES, ETC., RELATING TO HORTICULTURE. 25 

named. It shall then be subjected to fumigation in a closed vessel, with bisulphide 
of carbon gas for a period of twentj'-four hours, and shall then be held by the deputy 
commissioner for a sufficient time to satisfy said deputy commissioner that all pos- 
sibility of infestation is removed. For the purpose of more effectively enforcing the 
quarantine against the cotton boll weevil, it is further 

Ordered. That all cotton seed, shipped or imported into this State, shall be con- 
signed to the Horticultural Commission of one of the above named counties, to be by 
ihem delivered to the consignee when they are fully assured that there is no danger 
of infestation. 

This quarantine shall go into effect iinmediutchj ui)on its approval by the Governor. 

(Signed) J. W. JEFFREY, 

State Commissioner of Horticulture. 
Approved : 

J. N. GILLETT, 

Governor of the State of California. 

QUARANTINE ORDER NO. 3. 
Pertaining to Tulare County. 

Sacramento, Cal.. January 17, 1910. 

Whereas, The State Commissioner of Horticulture has determined from common 
report, from personal inspection and from the report of the State Quarantine Officer 
that the commercial citrus fruit trees and all others as far as examined in Tulare 
County are entirely free from the red scale (Chrysoinjihaliis aiiraniii), black scale 
(Saissetia oJcae) , purple scale (Lepidosaphes beckii), and other scales detrimental 
to the production of fruit ; and 

Whereas, There is continual danger of the introduction of the said scales and 
others into Tulare County ; and 

Whereas. A reasonable quarantine regulation would protect the fruit interests 
of the said county without violating the rights of other sections ; therefore. 

It is declared. That a quarantine be and is hereby established against the impor- 
tation of all fruit and nursery stock and plants into Tulare County, and the Horti- 
cultural Commissioner, his deputy and all his inspectors, are hereby instructed to 
hold and cause to be returned to the points where the shipments originated all such 
stock found within the said county of Tulare ; it is unlawful, during the continuance 
of this order for any railroad, express, or other company or individual to bring or 
cause to be brought into said county such stock or to receive it for delivery ; pro- 
vided, that all such nursery stocks and plants may be delivered and received at Por- 
terville, Lindsay, Exeter, Tulare, Visalia, Ducor, and Dinuba. all within the said 
county ; and it is hereby declared that the above named stations are in no way 
affected by this order, and at the places named all such stocks may be received and 
will be promptly inspected, and if found clean they will be released. 

(Signed) J. W. JEFFREY. 

State Commissioner of Horticulture. 

Approved : 

J. N. GILLETT, 

Governor of the State of California. 

QUARANTINE ORDER NO. 4. 
Pertaining to Melon Fly (Dacus cucurbitae.) 

Sacramento, March 28, 1910. 

Whereas. From information that has been received by this Commission, and the 
fact having been duly determined by the Commission, it appears that a certain fniit 
and vegetable fly known as Dacus cucurbitae is prevalent in the Hawaiian Islands, 
and very destructive to watermelons, muskmelons, cucuml^ers and tomatoes on these 
islands, and that the said Dacus cucurbitae is not known to exist in the State of 
California ; and. 

Whereas, The introduction of this fly into the State would entail great and irrepa- 
rable losses to the horticultural products subject to its attacks ; and. 

Whereas, The most rigid inspection can not determine the presence of the larva 
maggot of this fly without the destruction of the fruit or vegetable which may be 
infected ; therefore. 

It is ordered, That a horticultural quarantine be and is hereby established against 
watermelons, muskmelons, cucumbers and tomatoes imported from the Hawaiian 



26 STATUTES, ETC., RELATING TO HORTICULTURE. 

Islands or other territory known by the State Commission to contain infection of 
the Dacvs cumirbitae, and all deputies of the State Commission of Horticulture, 
County Horticultural Commissions, and horticultural quarantine officers are hereby 
instructed to hold all such fruits or vegetables above described for exportation out 
of the State or to be destroyed as may be directed by the owner or consignee. 

(Signed) J. W. JEFFREY, 

State Commissioner of Horticulture. 
Approved : 

J. N. GILLETT, 

Governor of the State of California. 



MEDITERRANEAN FRUIT FLY. 

By far the most alarming development of fruit pests of foreign origin 
is the appearance of the Mediterranean fruit fly in the gardens and 
orchards of Honolulu. The invasion of this insect was discovered by 
the horticultural officials of Hawaii last October, and a campaign is now 
under way for its eradication involving the expenditure of a large sum 
of money. This will lessen the danger of California orchards becoming 
contaminated from this source, but it does not make protective measures 
any less imperative locally, for the pest may be impossible of extirpa- 
tion, and remain a continual menace to the fruit industry of the United 
States : 

QUARANTINE ORDER NO. 5. 
The Mediterranean Fruit Fly. 

(Issued June 24, 1911.) 

Sacramento. Cal., .June 24, 1911. 

WUEBEAS, The State Commissioner of Horticulture has received official notifica- 
tion from the Board of Agriculture and Forestry of the Hawaiian Islands that an 
insect known as the Mediterranean Fruit Fly (Ceratitis capitata) has become estab- 
lished on the island of Oahu ; and 

Whereas, The deputy horticultural quarantine officers at the port of San Fran- 
cisco have discovered and properly identified this fruit fly {Ceratitis capitotd) in 
fruit and vegetables brought in both as freight and personal baggage from the port 
of Honolulu, Hawaiian Islands ; and 

Whereas, The introduction of this fruit fly {Ceratitis eapitata) into California 
would entail irreparable losses to our fruit, vine and vegetable interests ; 

It is herehij ordered, directed and declared. That a quarantine be and the same is 
hereby established in accordance w-ith section 2319?; of the Political Code of the State 
of California, against the importation of all fruits, vegetables, berries, seed-pods, etc., 
either cultivated in the orchards or gardens or growing wild in the Hawaiian Islands, 
with the exception that pineapples, bananas, and all root crops, the edible portions of 
which during growth have always been beneath the surface of the soil, shall be 
admitted at the ports of the State of California after having been duly inspected ; 
provided, that any or all of these exempted fruits or vegetables, if at any time here- 
after shall be found to contain upon inspection the egg. larvae or pupae of the fruit fly 
{Ceratitis capitata) they shall be immediately included in the list of quarantined 
fruits and vegetables. The fruit or vegetables quarantined against in this order 
shall be immediately returned to the port from which they w-ere shipped or destroyed 
at the option of the owner, consignee or agent. In no case shall such quarantined 
fruits be allowed to be transported over, repacked or stored upon any dock, wari- 
house, barge or other property within the jurisdiction of the State of California, 
excepting the ship in which they were originally brought, or to which they are at 
once transferred. All deputies of the State Commission of Horticulture, or state 
quarantine guardians are hereby empowered to carry out the provisions of this order. 

J. W. JEFFREY. 
State Commissioner of Horticulture. 

Approved : 

HIRAM W. JOHNSON, 

Governor of California. 



STATUTES, ETC., RELATING TO HORTICULTURE. 27 

Important as this new and sweeping order may be, unless the methods 
of handling ship inspections .are thorough, we can not expect reasonable 
protection. Our quarantine laws have always been defective, in that 
they do not, and perhaps can not, enforce the inspection of private bag- 
gage carried by passengers upon transportation lines. The Attorney 
General's office has been appealed to, and has held that opening per- 
sonal baggage to determine whether it contained contraband articles 
under such as the above order would involve intricate legal points, and 
no one has been able to suggest an amendment to our quarantine acts 
that would avoid the complications following the invasion of personal 
liberty necessary to thoroughly inspect private baggage. Whether the 
State of California could establish this right of search, as it has been 
established by the United States customs laws can not be determined at 
this time, and the emergencj^ now under consideration impelled us to 
adopt a new policy that promises to be entirely satisfactory and pro- 
tective. 

All baggage arriving on vessels from foreign ports is opened and 
inspected for dutiable goods by the customs officials, and by agreement 
with the Federal authorities the horticultural quarantine deputies are 
on hand to look through the baggage and take possession of quarantined 
or infected fruits, plants, etc. But the vessels coming in from domestic 
territory are not visited by the customs officers and it is from this source 
our greatest danger has originated. How to reach the baggage of pas- 
sengers coming on the HaM^aiian steamers became a most important ques- 
tion. A conference was held with the officials of the Matson Navigation 
Company and the Oceanic Steamship Company in June, and the fol- 
lowing proposition made to them : 

1. A contract to be attached to each passenger ticket and signed by 
the purchaser at Honolulu, reading as follows : 

"One of the conditions of this ticket is that the quarantine regula- 
tions of the State of California Avillbe conformed to in regard to the 
inspection of horticultural products. I hereby agree to the inspection, 
by the quarantine officials of the State Commission of Horticulture, of 
all my personal elfects upon my arrival at San Francisco." 

2. A notice to be handed to each passenger, as follows : 

Under and in pursuance to an act of legislature of the State of California, 
approved March 2r>, 11X13. and acts amendatory thereof, it is the duty of the State 
Commissioner of Horticulture of the State of California, by and with the approval 
of the Governor of said State of California, to establish, maintain nud enforce such 
quarantine regulations as may be deemed necessary to protect the vegetable and tree 
growths of said State against contagion or infection by injurious diseases, insects 
or pests. 

And it is therefore nceessurj/ in order to maintain such riuarantine and protective 
measures, that all trees, shrubs, plants, vines, cuttings, g:rafts, scions, buds, fruit pits, 
fruit, vegetables or other articles of horticulture of all and every kind and nature be 
inspected by such commissioner, or by a deputy or other official i)roi)erly appointt^d to 
make such inspection ; and 

Whereas, It is necessary in rendering effective such inspection of such articles of 
horticulture that inspection and examination shall be had of all trunks, valises, hand- 
bags, satchels, suit-cases, ))oxes, packages or parcels of every kind and character upon 
arrival of the ship at the port of entry into the State of California ; and 

Whereas, It is the duty of steamship corporation and company operating thf ship 



28 STATUTES, ETC., RELATING TO HORTICULTURE. 

or vessel hereinabove referred to, to prevent and assist in preventing the introduction 
into the State of California of any such articles of horticulture which are liable to bo 
infested with or being affected by injurious disease, insects or pests ; 

Now, therefore, passengers are hereby notified that said passengers must open in 
the presence of the proper officer representing the State Commissioner of Horticul- 
ture of the State of California, at the port of San Francisco, all the personal bag- 
gage and effects of all kinds and nature whatsoever of said passengers, and permit 
said ofiicer representing said State Horticultural Commissioner to inspect the con- 
tents of said personal baggage and effects, for the purpose of examining and inspect- 
ing any plants, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables 
or other articles of horticulture, tree or plant growth contained in or annexed to said 
personal baggage and effects. 

The term article of horticulture used herein includes and is intended to mean all 
shrubs, trees, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables 
or other articles of horticulture. 

The term personal baggage and effects used herein means and is intended to include 
all trunks, valises, satchels, suit-cases, boxes, packages, rolls, mats, bundles, baskets 
and any and all other articles containing personal effects of said passengers. 

3. The officers of the ships to be personally instructed by the steam- 
ship companies to cooperate in every way to prevent the bringing in of 
any horticultural products whatever from the Hawaiian Islands, either 
by passengers or crews. 

4. The steamship companies to detain the passengers in a corral, per- 
mitting them to leave with only such baggage as has been inspected. 

Note. — The first trial of baggage searching occurred on June 27th, when the rival 
steamers Sierra and Wilhelmina arrived at San Francisco on ttie same hour, the 
former with 187 and the latter witli 145 passengers, carrying altogether 646 pieces of 
baggage. The passengers were held, every piece of baggage opened, searched and 
tagged out. These new regulations are much more satisfactory than the old plan of 
inspection. They will prove effective, and they gave no offense to the passengei-s in 
the severe trial given in tlie cases above cited. It is believed the question of proper 
inspection is now settled as effectually as if it were possible to enforce the opening of 
private effects by law. 

FEDERAL CO-OPERATION. 

On the thirteenth day of July the chief deputy quarantine officer ad- 
dressed a letter to the Army Transport Service requesting action pro- 
hibiting the transport boats from receiving fruits, vegetables, etc., in 
compliance with Quarantine Order No. 5. The following action was 
taken by the superintendent : 

Office Army Transport Service, 1068 North Point Street, 
San Francisco, .July 15, 1911. 
General Orders. No. 10. 

Owing to the existence in the Hawaiian Islands of an insect which is injurious to 
fruits, etc., and commonly known as the fruit fly, all baggage and parcels belonging 
to members of the crew or other persons will be subject to inspection at San Fran- 
cisco by Government officials, and must not contain any fruits, vegetables, berries, 
seed pods, etc., except pineapples and bananas. 

No passenger or member of the crew of any army transpoi't will be allowed to 
bring aboai-d at Honolulu any of the above described products of any kind whatso- 
ever. 

Hereafter the army transports will not accept from Honolulu, for delivery at San 
I'rancisco, any shipment of the above described products. 

Enclosed herewith is Quarantine Order No. 5, also copy of a pamphlet entitled a 
Fruit Fly Menace. 

Transport quartermasters will take such steps as may be necessary to enforce the 
provisions of this order. 

H. P. YOUNG, 
Major and Q. M. U. S. Army, General Superintendent. 



STATUTES, ETC., RELATING TO HORTICULTURE. 29 



POTATO EELWORM. 

Early in January of the present year the horticultural commissioner 
of Sacramento County discovered the eelworm in a carload of potatoes 
upon the local market. This pest is not known to exist in California, 
and, as the destruction of the lort might involve litigation, the infesta- 
tion was handled through a regular quarantine order which was made 
the basis for disposing of many carloads of similarly infested potatoes 
from a small valley in Nevada. The Sacramento car was sent back to 
Reno, where the potatoes were transferred to another car, shipped to 
Los Angeles, and there held up and sent back again to Nevada. In 
such cases as this the quarantine officers should have the authority to 
destroy the lot, regardless of the wishes of the consignor. 

Meantime, circulars of warning had been sent all over the State, 
resulting in the discovery of nearly a dozen infested lots at Bishop, 
Independence, San Francisco and Sacramento. As there were no quar- 
antine guardians in the State at this time these shipments were disposed 
of at great disadvantage. No such trouble can occur since the law of 
1911 has become effective. This incident has caused the Nevada State 
University to make an investigation of the infested area, and steps will 
be taken there to eradicate the pest. Quarantine guardians should be 
vigilant in the inspection of farm produce, for the spirit of the law does 
not confine their activities to horticultural protection. It will be noticed 
that the order below is in form different from the preceding orders. The 
secretary in this case quarantined the car upon his authority as an 
officer of the State Commission, and it was not necessary for the Gov- 
ernor or the Commissioner to approve this order. It will be held by 
the Commissioner that a quarantine order of temporary nature and one 
not involving the quarantining of a territory, may be legally made by 
any authorized deputy or state quarantine guardian. The following is 
the order, and it may serve as a form for use by the latter : 

The Potato Eelworm. 

(Issued January 6, 1911.) 
Wood, Curtis & Co., Sacramento, Cal. 

Gentlemen : This is to certify that I have this day inspected a carload of potatoes 
(1843 P. F. E.), containing 251 sacks, consigned to you and shipped by G. Boni 
Nucci from Canty, State of Nevada, and have found the same to be bady infested 
with a nematode worm (Tijlenchus devastatrix) , a parasitic worm destructive to 
potatoes, which does not exist in this State. 

In accordance with section 4 of the horticultural quarantine law of the State of 
California, I hereby order this carload (251 sacks) of potatoes shipped out of the 
State of California, or destroyed at your option, within forty-eight hours from the 
serving of this notice. 

(Signed) O. E. BREMNER, 

Secretary State Commission of Horticulture. 



30 STxVTUTES, ETC., RELATING TO HORTICULTURE. 



QUARANTINE ORDER NO. 6. 
Potato Eelworm. 

(Issued November 27, 1911.) 

Sacramento, California, November 27, 1911. 
Whereas, Potatoes from Lyon, Churchill, and Washoe counties in the State of 
Nevada, shipped into California, have been discovered to be infested with Eelworm 
(Ti/lenchiis dfrastatrix) , a destructive Nematode worm; and 

Whereas, The planting and throwing of such potatoes or parts thereof on the 
earth, would likely infest the soil with this serious pest : and 

Whereas, Once in the soil, its riddance is almost impossil)le ; therefore, a horti- 
cultural quarantine be and is herchi/ dechirrd and csiuhlishcd, against all potatoes 
shipped from the counties of Lyon, Churchill and Washoe, State of Nevada, into the 
State of California, and all horticultural commissioners and local inspectors are 
instructed to destroy or return infected potatoes from the counties aforesaid to the 
place of shipment, at the option of the shipper or his agent, and to take all proper 
precautions against the introduction of the Eelworm into the State of California. 

(Signed) A. .J. COOK, 

State Commissioner of Horticulture. 
Approved : 

(Signed) HIKAM W. .JOHNSON, 

Governor of California. 



QUARANTINE ORDER NO. 7. 

Sacramento, California, December 23, 1911. 
Whereas, We have reason to believe that several districts more or less restricted 
in area, in the three counties of Nevada, viz.. Lyon. Churchill and Washoe, which 
on November 2Tth, 1911, were quarantined against the potato eelworm, are free 
from this pest and ought not in justice to the growers and to our people as well 
be denied entrance to California ; and 

Whereas, It is impracticable to exclude said district from the quarantine ; there- 
fore, 

Resolved, That we declare the said quarantine revoked and permit all potato<^s 
from Nevada to enter this State, but all such potatoes must be carefully inspected 
upon arrival, and if a single potato is found to harbor the eelworm. the entire car 
will be ordered out of the State or destroyed, at the option of the shipper. 

(Signed) A. J. COOK, 

State Commissioner of Horticulture. 
Approved : 

(Signed) HIRAM W. JOHNSON. 

Governor of California. 



STATUTES, ETC., RELATING TO HORTICULTURE. 31 



COURT DECISIONS IN HORTICUITURAL CASES. 



APPOINTMENT OF COUNTY BOARDS MANDATORY. 
Decision of Superior Court of Sonoma County. 

A mandamus suit was brought against the Board of Supervisors of 
Sonoma County; and Hon. John G. Pressley, Judge of the Superior 
Court of Sonoma County, on the 19th day of June, 1889, rendered the 
following decision, in which the validity of the act directing the boards 
of supervisors to establish county boards of horticultural commissioners 
is sustained: 

E. A. ROGERS 

vs. 
THE BOARD OF SUPERVISORS OF SONOMA COUNTY. 

John Goss, Esq., attorney for plaintiff. 

On the 19th day of March an act of the legislature was approved, 
entitled "An act to amend an act entitled 'An act to protect and pro- 
mote the horticultural interests of the state,' approved March 14, 1881." 

This act (of March, 1889) provides that, "Whenever a petition is 
presented to the board of supervisors of any countj'^, and signed b}^ 
twenty-five or more persons who are resident freeholders and posses- 
sors of an orchard, or both, stating that certain or all orchards or 
nurseries, or trees of any variety, are infested with scale insects * * 
that are destructive to the trees and praying that a commission be 
appointed by them, whose duty it shall be to supervise their destruction, 
as herein provided, the board of supervisors shall, within twenty days 
thereafter, select three commissioners for the county, to be known as a 
county board of horticultural commissioners. ' ' 

The duties of the board so appointed are declared by the act. It 
appears from the complaint that, in accordance with this act, a petition 
was presented to and filed with the board of supervisors, signed by this 
plaintiff and twenty-six other persons possessing the qualifications pre- 
scribed by the act, praying for the appointment of a county board of 
horticultural commissioners for Sonoma county, and a demand was 
made on the supervisors that they carry into effect the provisions of the 
act, and appoint the commissioners. 

The board refused to appoint commissioners. 

Twenty days have expired since the filing of the petition and the 
demand for action upon it, and still the board of supervisors refuse and 
neglect to make any selections or appointment of commissioners. 

This action is brought for a writ of mandate compelling the board 
of supervisors to make the selection and appointment as required of 
them by the act. 

A demurrer has been interposed to the complaint, and in support 
thereof it is contended: 

First— That the act of 14th of March, 1881; of which the act of 19th 



32 STATUTES, ETC., KELATING TO HORTICULTURE. 

of March is amendatory, was repealed by an act approved 13th of 
March, 1883, which provides for the appointment by the Governor of 
a state board of horticulture, and that in consequence of the act of 1889 
being an amendment of a repealed statute, it is nugatory. 

The act of 1883 does not, in express terms, repeal the act of 1881, nor 
is that act elsewhere expressly repealed. It is a well-settled legal prin- 
ciple that repeals by implication are not favored. A subsequent act 
does not by implication, repeal a prior statute, unless the subsequent 
one entirely covers the provisions of the first, and so completely that 
every portion of the first is provided for by the second. There must 
appear an intent to entirely substitute one for the other. 
Says Bishop in his work on Statutory Crimes, section 154 : 

"We have seen that every legislative act in affirmative words is 
to be regarded, prima facie, as an addition to the mass of law; for 
such on its face it purports to be. Yet when it is inconsistent with 
the former law, it must, as the last expression of the legislature 
will, prevail. But repeals by implication, thus explained, are not 
favored. And a legislative intent to repeal an existing statute is 
never presumed. If two acts, seeming to be repugnant, can be 
reconciled by any fair construction, they must be, when no appeal 
will be held to take place. ' ' 

The same principle is laid down by Judge Field in the case of Pierrc- 
pont vs. Crouch, 10 Cal. 316. 

There are numerous other authorities to the same effect. 

Is there any apparent intent to substitute one of these acts for the 
other, or such repugnance as would destroy the first ? Let us see. The 
first provides for a county board of horitculture. The second for a state 
board. The first prescribes duties to be performed by county boards 
of supervisors. The second prescribes duties to be discharged by the 
Governor. The first provides for a board of three commissioners with 
local jurisdiction. The second for a board of nine commissioners with 
a jurisdiction coextensive with the state. The first authorizes boards 
created by its authority to divide counties into districts. The second 
creates districts composed of several counties. The first requires duties 
to be performed by county boards which are not required by the second, 
of the state board. For instance : The first provides for proceedings 
against persons who, after notice, fail or refuse to treat infested trees 
as directed by the board, and a destruction of trees by such board when 
directed by a court. No such proceedings and destruction are provided 
for by the second. There are other differences between the two acts 
which might be pointed out, but these are sufficient to show that there is 
no such similarity in the powers of the boards created by them as would 
necessarily cause a conflict between these boards, or would justify a 
court in holding that one act repeals the other. I must, therefore, hold, 
tliat the act of 1881 was not repealed by the act of 1883, and was in full 
force when the amendatory act of 1889 was passed. The act of 1883 



STATUTES, ETC., RELATING TO HORTICULTURE. 33 

is an addition to the then existing legislation, and not a substitute for 
the act of 1881. 

Second — It was contended that acts of the legislature which provided 
that a duty imposed shall be performed within a certain time are direc- 
tory and not mandatory. I can not assent to that proposition. Where 
a court or board is directed by laAV to perform an act in a given time, 
the law, unless it declares the act may not be done after the expiration 
of the time, is so far directory as that the act is valid though done after 
the time fixed, but is not directory in the sense that the duty or act 
directed may be entirely disregarded or omitted. The time is given that 
the board may have ample opportunity to act intelligently and with good 
judgment, but not to enable the board or officer of whom the duty is 
required to disregard it entirely. I have no doubt but that the board 
of supervisors is required by the law in question to appoint a county 
board of horticultural commissioners, and that it may be lawfully done 
after the expiration of the twenty days given them in the act for delib- 
eration. 

Counsel referred to some authorities from other states in support of 
his contention. I do not think these authorities go to the extent claimed 
by him, and if they did, there being no such decision by our owni 
Supreme Court, I would hold the law in this state to be different. The 
purpose of the legislature was to give the supervisors time to make judi- 
cious selections, and not to justify" or authorize an aunulinent of the 
iegislative will expressed h\ the statute. 

JOHN G. PRESSLEY, Judge. 

ENFORCEMENT OF THE HORTICULTURAL QUARANTINE 
REGULATIONS. 

In a case brought before the Superior Court of Los Angeles, the con- 
stitutionality of the act of 1881, as amended, was questioned as to its 
enforcement, and upheld. It was an action brought to declare a shij)- 
ment of orange trees from Tahiti a nuisance and have them destroyed, 
they being infested with injurious insects, etc. The findings of the court 
are as follows : 

This is an action brought by the District Attorney of the county of 
Los Angeles, in the name of the people, for the condemnation, and 
abatement as a nuisance, of certain trees. The complaint alleges that 
in June, 1891, the defendants brought from Tahiti to San Pedro, in the 
county of Los Angeles, certain orange trees, numbering about 325,000, 
iind that the same were, and still are, infested with scale insects and other 
pests injurious to fruit trees. That the horticultural commissioners 
of the county of Los Angeles notified defendants that the trees were 
so infested, and required them to eradicate and destroy the insect pests 
thereon. That defendants caused the process of disinfection to be per- 
formed upon said trees, but said process was unsuccessful, and, although 
frequently repeated, has not eradicated or destroyed said insects. That 
among said insects is a scale insect hitherto unknown in the State of Cali- 
fornia, which can not be destroyed by any process of disinfection ; and 

3— HS 



34 STATUTES, ETC., RELATING TO HORTICULTURE. 

that the said scale insects with which the trees are infested, if not 
destroyed, will be introduced into the orange orchards of California, and 
the orange industry greatly injured, if not totally destroyed. That the 
said scale insects can not be destroyed without the destruction of said 
trees; that the defendants are contemplating the removal of said trees 
into the interior of the State of California, and that the said scale insects 
would be thereby distributed among other trees and propagated and 
spread all over the State of California. The complaint prays a judg- 
ment of the court that the trees be declared a nuisance and ordered to 
be destroyed. 

Plaintiff relies, for its right to maintain the action, upon the provi- 
sions of the act of the legislature, approved March 19, 1891, declaring 
any orchards, trees^ plants, or shrubs infested with insect pests injurious 
to plants, trees, etc., to be a nuisance, and also upon the theory that the 
trees in question are, under the general provisions of the Code, a public 
nuisance, and maj^ be abated by an action brought in this manner. 

It therefore becomes necessary for the court to consider the power 
of the legislature to adopt this statute, and the question whether, in the 
absence of statutory provisions, the action could be maintained. 

My attention has not been directed to any constitutional limitation 
which affects the right of the legislature to adopt a statute such as the 
one in question. The statute does not determine that any specific 
orchard or trees are a nuisance, but leaves it to the courts to determine 
whether there exists a condition of affairs which will make any particular 
trees a nuisance, and is, in my opinion, constitutional. 

The law of nuisance, under our codes, is practically but a reenactment 
of the common law ; and while this case is peculiar in its character and 
circumstances (being the first of the kind tried in the State), and in 
many respects utterly unlike any case to be found in the Reports, yet 
the duty to be performed by the court is the application of decisions 
disposing of cases widely differing from this as to the facts, but laying 
down principles which, by analogy, can be applied to the facts of this 
case. 

It is peculiarly the characteristic of cases, under the law of nuisance, 
that they are largely dependent upon surroundings. The common law 
is not an iron-cast system, to which every case must be fitted without 
regard to its particular circumstances, but is a system which derives its 
beauty and utility from the fact that it is the condensation of the wisdom 
and learning of centuries, modified from time to time by the circum- 
stances of period and place. In the consideration of any case which is 
dependent, to a greater or less degree, upon the circumstances and sur- 
roundings of the community and State, it is the duty of the court to 
take into consideration the condition and development of the industries 
which may be affected by its judgment, for the purpose of properly 
applying the rules of law to the circumstances of the case. The court, 
therefore, in applying the principles of the common law and the deci- 
sions thereunder, takes into consideration all the facts to which those 
decisions and principles are to be applied. 



STATUTES, ETC., RELATING TO HORTICULTURE. 35 

' ' That new conditions and new facts may produce the novel appli- 
cation of a rule which has not been before applied in like manner, 
does not make it any less the common law; for the latter is a sys- 
tem of grand principles, founded upon the mature and perfected 
reason of centuries. It would have but little claim to the admira- 
tion to which it is entitled if it failed to adapt itself to any condi- 
tion, however new, which may arise ; and it would be singularly lame 
if ii; is impotent to determine the right of any dispute whatever. 
Having, as far as we have gone, met all difficulties by adhering to 
its doctrines, we have no ground to presume that we will have to go 
beyond its precincts for a solution of any which may arise. Every 
judge is boiuid to know the history and the leading traits which 
enter into the history of the country where he presides. This we 
have held before, and it is also an admitted doctrine of the common 
law." (Conger vs. Weaver, 6 Cal. 548.) 

The court, therefore, takes judicial notice of the history, development, 
and character of the industries of California ; of the fact that the pro- 
duction of fruits is one of the leading occupations in this state, and that 
a large portion of the people are dependent upon it. It takes judicial 
notice of the fact that a large portion of the land in this and adjoining 
counties is devoted to the cultivation of citrus fruits, and that the 
annual production and shipment of oranges is very great, and that the 
spread of any insect pest injurious to citrus trees must necessarily result 
in serious injury to that business and in great loss and destruction of 
property. 

That orchards and trees infested by scale or insect pests injurious to 
vegetation and which will easily spread to other places, must be a nuis- 
ance, prima facie, seems too clear to require discussion, and would not 
receive it at the hands of this court but for the fact that this is the first 
case of this kind. 

"A nuisance is anything that worketh hurt, inconvenience, or 
damage." (Black, vol. 3, p. 213.) 

"Anything which is injurious to health, or is indecent or offen- 
sive to the senses, or an obstruction to the free use of property, so 
as to interfere with the comfortable enjoyment of life or property, 
or unlawfully obstructs the free passage or use, in the customary 
manner, of any navigable lake, or river, bay, stream, canal, or basin, 
or any public park, square, street, or highway, is a nuisance." 
(Sec. 3479, C. C.) 

* ' A public nuisance is one which affects at the same time an entire 
community or neighborhood, or any considerable number of per- 
sons, although the extent of the annoyance or damage inflicted upon 
individuals may be unequal." (Sec. 3840, C. C.) 

The kinds of nuisances which have been abated are almost innumer- 
able in variety, each dependent upon the particular character and cir- 
cumstances under which it exists. 



36 STATUTES, ETC., RELATING TO HORTICULTURE. 

In tlie case of Campbell vs. Seaman, 63 N. Y. 568, the use of bitumin- 
ous coal, which produced vapors injurious to vegetation, was held to be 
a nuisance. Again, a house in so ruinous a condition as to be likely to 
fall upon the house of another is a nuisance. {Tenant vs. Goldwin, 2 
Ld. Raymond, 1893.) Buildings in an unsafe condition in a public 
street are common nuisances. (Wood's Law of Nuisances, p. 8.) Pro- 
duction of vapors injurious to vegetation is a nuisance. (Wood's Law 
of Nuisances, Sec. 536, et seq.) 

It has been argued by defendant's counsel that a prospective nuisance 
will not be abated, and the authorities cited by them would be conclusive 
in this case if applicable to its facts. But the fallacy of their argument 
is that in the cases cited by them no considerable injury could be done 
until the actual existence of a nuisance could be shown. In the case at 
bar, before damage could be actually shown, it would be necessary for 
the scale insects in question to be disseminated through a considerable 
portion of the orchards of the state and their propagation have reached 
a stage at which it would be extremely difficult, if not impossible, to 
check and eradicate them. 

It appears to me that this case belongs to that class in which, if the 
allegations of the complaint are true, a damage will be inferred, and it 
is not necessary to wait until it is actually done. It is similar in that 
respect to the cases in which diseased animals are taken to public places 
when there is danger of infection, to the cases of the storing of explo- 
sives, and to the cases of condemnation of dangerous buildings and 
places likely to be injurious to the health of the community — in all of 
which the abatement of the nuisance rests merely upon the reasonable 
apprehension of danger. The fact that the trees are at San Pedro does 
not prevent their being considered an existing nuisance, as the evidence 
shows that the larvfe of the scale may be carried by birds, insects, and 
the winds to distant portions of the county and state. 

The evidence in the case shows that at the time of the arrival of the 
trees at San Pedro they were infested with eight different varieties of 
pests, and that subsequently they were treated six times with different 
processes for the destruction of the scale ; that the treatment was success- 
ful as to all kinds except a species of scale hitherto unknown in Cali- 
fornia, called the mining scale or Chionaspis hidavis, and that all efforts 
to eradicate this scale have been unsuccessful, and seem to have been 
abandoned by defendants. 

The evidence with regard to this scale is entirely that of expert wit- 
nesses, who, never having seen it before, are unable to testify positively 
as to its effects, other than from their opinion derived from familiarity 
with the cultivation of the orange, from experience with the other scale 
insects similar in character with which orange trees are infested, and 
from their observation o:^ this insect found upon the trees in question. 
The evidence and the inspection of the court, however, show positively 
that the mining scale derives its nutrition and support entirely from the 
tree, and consequently must be injurious in a greater or less degree. 



STATUTES, ETC., RELATING TO HORTICULTURE. 37 



The expert witnesses all agree in the opinion that it is injurious to the 
health of the tree, and that if introduced into the state it would occasion 
great injury to the orange orchards. 

An entomologist and agent of the Department of Agriculture testified 
that he had made an examination of the trees at San Pedro, and found 
the mining scale upon them in a healthy condition on the day before the 
trial of the cause ; that he did not know of its existence elsewhere in 
the state, and that there could be no doubt about its being detrimental, 
living at the expense of the tree. He was of the opinion that by some 
process the scale might be destroyed without the destruction of the trees, 
but was unable to give any method by which it could be done. 

Alexander Craw, quarantine officer of the state board of horticulture, 
testified that he had inspected the trees eight or ten times, examined the 
scale in question, and found the live scale and larvae. In his opinion the 
mining scale could not be destroyed without destroying the trees. He 
considered it a very destructive scale, and knew of no way by which 
it could be eradicated except by destroying the trees. It was, in his 
opinion, a more dangerous insect than the cottony-cushion scale, and 
^\■ould lie very injurious to the orange industry. 

The other witnesses testified substantially to the same opinions as those 
given by Mr. Craw. 

The trees in question, now reduced in number to about 60,000. are 
contained in crates at San Pedro; and the evidence shows that, in an 
examination of the trees at this time, live scale is found on only a portion 
of the trees, but that a thorough examination would require five or ten 
minutes for each tree. 

The evidence establishes all the allegations of the complaint, being 
open only to the objection that it is to a great extent merely expert 
opinion. But, under the circumstances, that is the best evidence of 
Avhich the case is susceptible. 

This evidence is practically uncontradicted by the defense, as no wit- 
ness has been produced who claims to know any process by which this 
scale can be destroyed, or that it is not injurious. 

The defense claims that the trees should be separated, and only those 
upon which the scale are found be destroyed. There is no doubt that 
the position of the defendants is correct, that in abating a nuisance no 
more property should be destroyed than is absolutely necessary for that 
purpose. But in this case the situation of these trees is such that there 
is no certainty that all are not infested, and if such- separation can be 
made it should be done by defendants. 

The period during which the case has been pending was sufficient to 
give the defense every opportunity to disinfect these trees. 

From the evidence of the experts, and in the absence of any suggestion 
of a method by which the trees can be disinfected, the court must con- 
.chide that it can not be done without the destruction of the trees. 

It therefore follows that the allegations of the complaint are sustained 
by the evidence. The court is of the opinion that the statute of March 



38 STATUTES, ETC., RELATING TO HORTICULTURE. 

19, 1891, is constitutional, and that even in the absence of such a statute 
the trees in question are a nuisance under the code, and that plaintiff is 
entitled to the relief demanded in the complaint. 

Let findings and judgment be submitted in accordance with this 
opinion. 

J. W. McKINLEY, Judge. 

CONSTITUTIONALITY OF HORTICULTURAL LIENS. 

L. A. No. 486. Department Two. November 11, 1899. 
COUNTY OP LOS ANGELES, Aiipellant, 

vs. 
W. D. SPENCER ET AL., Responderits. 

Act to Protect Horticulture — Title. — Every provision of tlie act of 1881, page 88, 
entitled "An act to protect and promote the horticultural interests of the State," 
and of the acts amendatory thereof, is germane to the subject-matter expressed 
in its title, and is properly embraced therein. 

Id. — Horticultural Commissioners — Power to Determine Nuisance— Judicial 
Power — Police Power. — The power given by such act to the horticultural com- 
missioners to determine whether any particular place is a nuisance and to abate 
the same is not a judicial power, within the meaning of the inhibition of article 
III of the Constitution ; and the act is a proper exercise of the police power 
within the meaning of section 1 of article XIX of the Constitution. 

Id.- — Public Nuisances — Infected Places — Insect Pests. — The legislature has the 
power to declare that to be a nuisance which is such In fact, and the places 
declared by such aot to be public nuisances, to wit : "All places, orchards, nur- 
series," et cetera, infected with "scale insects or codling moth, or other pests 
injurious to fruit, plants," et cetera, are clearly such within the definition of that 
term as used in sections 3479 and 3480 of the Civil Code. 

Id. — Lien for Abating Nuisance. — The lien given by the statute upon the premises 
from which such nuisance has been abated, for the expenses of abating it, is not 
for a delinquent tax, but for an indebtedness due the county, and its enforcement 
in the way prescribed by the statute is not unconstitutional. 

Appeal from a judgment of the superior court of Los Angeles County. 
Walter Van Dyke, Judge. 

The facts are stated in the opinion. 

J. A. Donnell and William P. James, for Appellant. 

Tanner & Taft, and Gardiner, Harris & Rodman, for Respondents. 

GRAY, C. The plaintiff appeals from a judgment following an order 
sustaining a demurrer to an amended complaint without leave to further 
amend. 

The amended complaint purports to set out a cause of action to fore- 
close a lien for the expense of abating an insect pest nuisance in defend- 
ant's orchard. This lien is claimed to exist by virtue of an act entitled 
' ' An act to protect and promote the horticultural interest of the State, ' ' 
and acts amendatory thereof and additional thereto. The act in ques- 
tion may be found in the Statutes of 1881, page 88, and the amendments 
and additions thereto in the Statutes of 1889, page 413, and the Statutes 
of 1891, pages 260 and 268. In sustaining the demurrer without leave 
to amend, the learned judge of the court below filed an opinion, in 
which the principal reason assigned for the action of the court is that 
the act in question is unconstitutional, and this, also, is the main reasoil 
urged on this appeal in support of the judgment. It is said, first, that 
the act embraces more than one subject grouped under one title. The 



STATUTES, ETC., RELATING TO HORTICULTURE. 39 

act as amended provides for the appointment, by the board of super- 
visors of any county in the state to whom the required petition is pre- 
sented, of a horticultural commission of not exceeding three members. 
It also prescribes the length of the terms of office of said commissioners 
and the manner of filling vacancies therein. It then defines the duties 
and powers of the board of horticultural commissioners, fixes their com- 
pensation, and provides for their removal. It makes the expense of 
removing or abating an insect pest nuisance from any property infested 
thereby a lien upon the property or premises from which such nuisance 
has been abated. All the duties and powers conferred upon said board 
appertain to the abating of those insect pest nuisances which interfere 
with the business of horticulture. 

From this brief summary it will be readily seen that every provision 
of the act points directly to the protection and promotion of the horti- 
cultural interests of the state, and hence all said provisions relate to but 
one subject and may be properly grouped in one act under the very 
appropriate title of ''An act to protect and promote the horticultural 
interests of the State." This view seems to be supported by the follow- 
ing cases therein cited : Ex 'parte Liddell, 93 Cal. 633 ; Aheel vs. Clarli, 
84 Cal. 226. 

It is urged that the act in question is unconstitutional and invalid 
because it confers judicial powers upon the horticultural commissioners, 
contrary to article III of the State Constitution ; but we do not think 
that this contention can be maintained. This provision of the Constitu- 
tion must be understood as construed by judicial decisions, and with 
reference to the subject of police power. The act itself defines the 
nuisances to which it relates and declares that "all places, orchards, 
nurseries," et cetera, infected with "scale insects, or codling moth, or 
other pests, injurious to fruit, plants," et cetera, are public nuisances. 
In determining whether any particular place is a nuisance, the com- 
missioner, no doubt, exercises some discretion which, in a strict sense, 
is in its nature judicial; but the executing of a police regulation quite 
often calls into action that kind of discretion. And yet the acts of a 
commissioner involved in this case are no more judicial than the acts 
of officers under many other laws and ordinances which have been held 
valid. Ordinances prohibiting the erection of wooden buildings within 
fire limits except upon the order of fire commissioners ; giving vitieul- 
tural commissioners power to prohibit the importation of diseased vines ; 
prohibiting the carrying on of a public laundry without a certificate of 
the health officer and of the board of firewardens; prohibiting retail 
liquor business without permission of the board of police commissioners ; 
giving to the superintendent of public streets the power to determine 
where, either on a public street or on private premises, any rubbish 
should be deposited ; forbidding orations, harangues, et cetera, in a park 
without consent of the park commissioners, or upon other grounds except 
by permission of the city government committee; beating drums, et 
cetera, without permission of the president of the village; prohibiting 
manufacturers and others from ringing bells, et cetera, except at such 



40 STATUTES, ETC., RELATING TO HORTICULTURE. 

times as the board of aldermen may designate ; authorizing harbor- 
masters to station vessels and to assign each its place ; forbidding the 
keeping of swine without a permit from the board of health ; and giving 
to boards of health, quarantine officers, and milk inspectors discretion 
as to the exercise of police powers — all such laws and ordinances have 
been judicially held to be valid, although they confer the same power 
upon designated public officers as is given by the act here in question to 
the commissioners. {Ex parte Ah Fook, 49 Cal. 402 ; In re Flaherty, 
105 Cal. 558, and cases there cited; Ex parte Fiske, 72 Cal. 125; Bitten- 
liaus vs. Johnston, 92 Wis. 588; Train vs. Boston Disinfecting Co., 114 
]\rass. 523, 59 Am. Rep. 113; Newton vs. Joyce, 166 Mass. 83.) The 
efficiency of many police regulations depends upon their prompt and 
summary execution; and therefore, from necessity, certain discretion 
must be given to the officers who are to make the regulations effective. 
In Ex parte Ah Fook, supra, this court said: "It is obvious that to 
render effectual an inquiry which has for its purpose the carrying into 
(operation of quarantine or health laws it must be prompt and summary, 
and we are not aware that any reasonable provisions of the statute cloth- 
ing such officers or boards with enlarged powers often exercised by them 
have ever been held unconstitutional. ' ' In the case at bar, the acts of 
the commissioner are not clothed with that sanctity and protection which 
accompanies the judicial acts of courts and judges, and the commissioner 
would be liable officially and personally for wrongful acts done under 
the color of his office. And then, again, the lien in question here could 
not be enforced until after a judicial investigation and determination by 
a court. 

Beyond any question the legislature has the power to declare that to 
be a nuisance which is such in fact, and we think it safe to assert that 
everything declared to be a public nuisance in the act in question comes 
clearly within the meaning of that term as defined in the Civil Code, 
sections 3479 and 3480. 

It is Imown that the existence of the fruit industry in the state 
depends upon the suppression and destruction of the pests mentioned 
in the statute. The act in question is, therefore, a proper exercise of 
the police power which the legislature has, under section 1 of article 
XIX of the Constitution, to subject private property to such reasonable 
restraints and burdens as will secure and maintain the general welfare 
and prosperity of the state. (Abeel vs. Clark, supra; Train vs. Boston 
Disinfecting Co., supra). In this connection, it may be well to observe 
that the statute does not authorize any injury to or destruction of prop- 
erty, but, on the contrary, its provisions are beneficial to the very prop- 
erty upon which it operates. 

The lien given by the statute is not for a delinquent tax, but for an 
indebtedness due the county, and the enforcement of it in the way pre- 
scribed by the statute is not obnoxious to any constitutional inhibition. 

The case of Boorman vs. Santa Barbara, 65 Cal. 313, and the other 
California cases cited by respondent to show that private property 
can not be subject to burdens without due process of law, are sound in 



STATUTES, ETC., RELATING TO HORTICULTURE. 41 

principle, but as to the matter of notice the statute here under consid- 
eration is not like any of the statutes in those cases. The subject of 
those statutes, street improvements, does not naturally call for such 
prompt and immediate action as might be necessary in the abatement 
of a contagious nuisance like that treated of in the statute here in 
question. {Surocca vs. Geary, 3 Cal. 69; 58 Am. Dec. 385.) 

We discover no conflict with any constitutional provision in the act 
under consideration as finally amended in 1891. 

For the foregoing reasons we advise that the judgment be reversed 
and the cause remanded. 
We concur : 

CHIPMAN, C. 
HAYNES, C. 
For the reasons given in the foregoing opinion the judgment is 
reversed and the cause remanded. 

McFARLAND, J. 
TEMPLE, J. 
HENSHAW, J. 
Hearing in bank denied. 

THE RIVERSIDE CASE. 

Arthur Butcher, of Riverside, the owner of an orange orchard 
infested with red scale, upon being notified to fumigate the same by the 
county board of horticultural commissioners, refused to do so. Under 
the law the board proceeded to fumigate the orchard, and the expense 
was paid out of the general fund of the county in the sum of $196.46. 

The district attorney at once began suit to declare the sum a lien on 
the orchard and real estate of Mr. Butcher, and the case was heard 
before Superior Judge Noyes of Riverside County, in November, 1899, 
and Judge Noyes followed the opinion of the superior court of Los 
Angeles county in the Spencer case, which had recently held the law 
unconstitutional, as too arbitrary in selling real estate for such purposes. 
The Los Angeles case and also the Riverside case were both appealed 
to the supreme court, and both have been reversed. The supreme court 
decided both cases on the theory that as the fruit industry is so impor- 
tant, and the destructiveness of scale so deadly, no citizen should be 
allowed to permit the growth and spread of the pests; and while the 
penalty of loss of land is severe, it is just. 

In the Superior Court of the County of Riverside, State of California. 

THE COUNTY OF RIVERSIDE, Plaintiff, ) 

vs. V COMPLAINT. 

ARTHUR BUTCHER, Defendant. ) 

Plaintiff complains and alleges : 

I. That at all times hereinafter mentioned plaintiff was and now is a 
duly organized county of the State of California. 

II. That at all times hereinafter mentioned there was and still is a 
duly appointed, qualified, and acting board of horticultural commis- 



42 STATUTES, ETC., RELATING TO HORTICULTURE. 

sioiiers for said county, consisting of three members. That a petition 
was presented to the board of supervisors of Riverside county, signed by 
more than twenty-five persons, each of whom was a resident freeholder 
of said county and possessor of an orchard, stating that certain orchards 
of said county were infested with scale insects destructive to fruit trees, 
and praying that a commission be appointed by said supervisors to 
supervise the destruction of said scale insects ; and within twenty days 
after said petition was presented said board of supervisors appointed 
three persons qualified to perform the duties of horticultural commis- 
sioners. 

III. That the defendant herein, Arthur Butcher, at all times herein- 
after mentioned was and still is the owner in fee of the following 
described real estate, situated in the county of Riverside, State of Cali- 
fornia, to wit : All of lot 233 and fractional lot 236 as the said lots are 
delineated on the map of the lands of the Southern California Colony 
Association on file in the office of the county recorder of San Bernardino 
county, California. 

IV. That at all times herein mentioned there was and is standing 
and growing on said land a fruit-bearing orchard consisting of orange 
trees, the property of said defendant. 

V. That on the 22d and 23d days of August, 1898, the said board 
of horticultural commissioners, pursuant to the statute in such cases 
made and provided, caused an inspection of said orchard to be made, and 
found the same to be infested with red scale insects that are destructive 
to trees, and by law declared to be a public nuisance; that thereafter, 
to wit, on the 24th day of August, 1898, the said fruit trees being still 
infested with said scale as aforesaid, the said board of horticultural 
commissioners caused a notice to be served upon W. Miller, the person 
in charge of and in possession of said premises and orchard for the 
defendant as his agent, requiring said defendant and agent to eradicate 
or destroy the said scale and insects so found upon said trees within ten 
days after the service of said notice. A copy of said notice is hereto 
attached and made a part of this complaint as "Exhibit B." 

VI. That notwithstanding said requirement was made by the said 
board of horticultural commissioners upon the said defendant to erad- 
icate or destroy said scale as aforesaid within ten days after the service 
of said notice, the said defendant wholl}^ neglected and refused to erad- 
icate or destroy said scale within ten days after the service of said notice, 
or at any other time or at all. 

VII. That thereafter, to wit, on the 20th and 25th days of Septem- 
ber, 1898, the said board of horticultural commissioners entered upon 
said premises and destroyed and eradicated the said scale so found upon 
said trees ; that the expense incurred in eradicating and destroying said 
scale amounted to and was the sum of $196.46, which said sum the board 
of supervisors of the said plaintiff allowed and paid out of the general 
fund of the county on the 9th day of December, 1898. 

VIII. That the said amount so paid by the said board of supervisors 



STATUTES, ETC., RELATING TO HORTICULTURE. 43 

has never been repaid to the county by the defendant, or any other 
person, and is now due and wholly unpaid. 

IX. That thereafter and within thirty days after the right of said 
lien had accrued, to wit, on January 7, 1899, the board of horticultural 
commissioners caused a notice of a lien upon the above described real 
estate, as provided by law, to be filed and recorded in the office of the 
recorder of said Riverside County, being the county in which said prop- 
erty and premises are situated, a copy of which notice of lien is hereto 
attached and made a part of this complaint as '^ Exhibit A." 

AA^herefore, plaintiff demands foreclosure of said lien, and that by 
judgment and order of this court the said money so expended as afore- 
said to eradicate said scale be declared to be a lien on said land, and 
that judgment may be entered against said land and defendant for said 
sum with costs, and that by said judgment it may be decree that the said 
land shall be sold and that enough of the proceeds shall be paid into the 
county treasury of the plaintiff to satisfy the aforesaid lien and costs, 
and that the surplus, if any, be paid to the owner of the property if he 
be known, and if not, into the court for his use when ascertained. 

LYMAN EVANS, 
District Attornej^ and Attorney for Plaintiff. 

"EXHIBIT A." 

Notice is hei-eby giveu that pursuant to the statutes in such cases made and pro- 
vided, the Board of Horticultural Commissioners of the county of Riverside, State 

of California, between the day of , 1S9 — , and the day of , 189 — , 

caused to be destroyed and eradicated certain insects and other pests injurious to 
fruit, plants, vegetables, trees, and vines, together with their eggs and larviie, upon 
that certain orchard belonging to Arthur Butcher, and particularly described as 
being in the said county of Riverside. State of California, and known and described 
as all of lot 233 and fi*actional lot 236, as the said lots are situated on the map of 
the lands of the Southern California Colony Association, said map on file in the 
office of the County Recorder of the county of San Bernardino, State of California. 

That the amount of labor bestowed and materials furnished for the purpose of 
eradicating said pests, as aforesaid, was of the amount of one hundred ninety-six and 
forty-six one-hundredths dollars. 

That said owner has wholly failed to pay any part of said sum for the eradica- 
tion of said insects. 

That thereafter and, to wit, on the 9th day of December, 1S9S, the said county 
of Riverside paid said sum of money for the eradication of said insects, pursuant to 
the provision of the statutes in such cases made and provided. 

Wherefore, the county of Riverside claims the benefit of the law relative to liens 
of mechanics and others upon real property, to wit, chapter 2, title 4, part 3, of the 
Code of Civil Procedure. 

R. P. CUNDIFF, 
W. F. BUDLONG, 
Horticultural Commissioners. 
State of California, ) 

County of Riverside, j' 
W. F. Budlong, being duly sworn, deposes and says, that he is a Horticultural 
Commissioner in and for the county of Riverside ; that he has read the foregoing 
notice and knows the contents thereof, and that the same is true ; and that it con- 
tains (among other things) a correct statement of the demands in favor of the 
county of Riverside after deducting all just credits and offsets. 

W. F. BUDLONG. 
Subscribed and sworn to before me, this 7th day of January, 1S99. 
[SEAL] LYMAN EVANS, 

Notary Public in and for the County of 
Riverside, State of California. 



44 STATUTES, ETC., RELATING TO HORTICULTURE. 

"EXHIBIT B." 

Office of the 
County Board of Horticultural Commissioners, 
Riverside County, California. 
To Arthur Butcher, Owner, Agent, Person in Charge — -W. Miller, in Charge: 

In accordance with the law, the undersigned Horticultural Commissionert; of the 
county of Riverside, State of California, have caused an inspection to be made of 
your orchard and the trees thereon, located lots 233 and 236, lands of the Southern 
California Colony Association, in the city and county of Riverside and State of Cal- 
ifornia, in said county. 

Said inspection was made on the 22d and 23d days of August, 1S9S, and upon said 
inspection 281 orange trees were found to be infested with red scale injurious to 
fruit and fruit trees. Said insect pests are by law declared to be a public nuisance. 

Therefore, in accordance with section 2 of an act to promote the horticultural 
interests of the State, by providing county boards of horticulture, approved March 
.'jl, 1897, you are hereby notified that your orchard and trees, described above, are 
infested with red scale injurious to fruit and fruit trees, and that said red scale is 
a public nuisance, and you are hereby required to eradicate or destroy the said red 
scales or other pests, and their eggs and larvae, within ten days of the time of the 
service on you of this notice. 

Should you neglect or refuse to comply with the requirements of this notice, it 
will be the duty of the County Board of Horticultural Commissioners to cause said 
nuisance to be at once abated by eradicating or destroying said insects or other 
pests, or their eggs or larvae. The expenses thereof will become a lien upon the 
above described premises, and an action to foreclose the said lien will be brought in 
Ihe proper court within ninety days thereafter, by the District Attorney. 

Dated this 24th day of August, 1898. 

(Signed:) GEORGE VANKIRK, 

w. b. hunter, 

W. F. BUDLONG, 

Horticultural Commissioners. 

In the Superior Court of the County of Biverside, State of California. 

THE COUNTY OF RIVERSIDE, Plaintiff, ) 

vs. y DEMURRER. 

A. BUTCHER, Defendant. ) 

Now comes the defendant, A. Butcher, and demurs to the plaintiff's 
complaint herein on the following grounds : 

I. That said complaint does not state facts sufficient to constitute a 
cause of action. 

II. That said complaint does not, nor does any so-called cause of 
;iction, paragraph or phrase therein contained, separately or collectively 
taken together, state facts sufficient to constitute a cause of action. 

III. That said complaint is uncertain in this, that it can not be told 
therefrom on what part of the premises described in said complaint the 
trees or orchard were situated, or whether said orchard covered the 
whole of said premises or only a part, and if a part only, what part. 

IV. That said complaint is unintelligible for the same reason. 

V. That said complaint is ambiguous for the same reason. 

VI. That said complaint is uncertain in this, that it can not be told 
therefrom in what manner or to what extent said red scale was erad- 
icated, or that it was eradicated at all. 

VII. That said complaint is unintelligible for the same reason. 

VIII. That said complaint is ambiguous for the same reason. 

IX. That said complaint is uncertain in this, that it can not be told 
therefrom that the notice mentioned in paragraph six of said complaint 



STATUTES, ETC., RELATING TO HORTICULTURE. 45 

was ever served on defendant, or how or by whom said notice was 
served. 

X. That said complaint is unintelligible for the same reason. 

XI. That said complaint is ambiguous for the same reason. 

XII. That plaintiff has no capacity to sue or maintain this action. 

XIII. That this court has no jurisdiction of the subject of this 
action. 

Wherefore, defendant prays that he go hence with his costs. 

P. FERGUSON, 
Defendant's Attorney. 

In the Superior Court of the County of Riverside, State of California. 

THE COUNTY OF RIVERSIDE, Plaintiff, \ 

vs. r JUDGMENT ON DEMURRER. 

A BUTCHER, Defendant. ) 

This cause coming on regularly to be heard before the court on the 
nineteenth day of June, 1899, on the demurrer and complaint, and 
cause submitted to the Court for decision. 

Whereupon the Court, after due deliberation, sustained said demurrer 
without leave to amend. 

Wherefore, by reason of the law and the foregoing, it is ordered, ad- 
judged, and decreed that plaintiff take nothing by said action, that the 
said action be herein dismissed. 

It is therefore ordered, adjudged, and decreed that the defendant, 
Arthur Butcher, do have and recover from the plaintiff, the county of 
Riverside, his costs and disbursements herein, amounting to the sum 
of three and fifty one-hundredths dollars. 

Done in open court, this fourth day of November, eighteen hundred 
and ninety-nine. 

J. S. NOTES, Judge. 

L. A. No. 880. Department Two. July 5, 1901. 

THE COUNTY OF RIVERSIDE, ^ 

Plaintiff and Appellant, I 
yg I DECISION OF THE SUPREME 

ARTHUR BUTCHER, ( *^°" ''^• 

Defendant and Respondent. ) 

Horticultural Act — Destrltction of Scale and Insects — Constitutionality of 
Act — The act of legislature of March 3, 1897, entitled "An act to promote the 
horticultural interests of the State," etc., (Stats. 1897, p. 244), was held to be con- 
stitutional in the case of Los Angeles vs. Spencer, 126 Cal. 670. 

Foreclosure of Lien — Horticultural Act — Notice to Remove Scales — Service. — 
In an action by a county under the act of March 3, 1897, to foreclose a lien for 
money paid out by plaintiff for destroying certain scale and insects found upon 
the trees in defendant's orchard, the notice required to be given by the statute 
is sufficient where it contains a description of the premises, the name of the 
owner, the amount claimed, that it is for labor bestowed and materials in eradi- 
cating the insects upon the orchard of the defendant ; and an allegation in the 
complaint that the notice was served on the person in charge of and in possession 
of the premises is sufficient. A statement in the notice that plaintiff claimed the 
benefit of the law relative to liens of mechanics and others on real property does 
not violate it ; this may be treated as surplusage, and the same may be said of a 
prayer for a personal judgment. 

Horticultural Act — When Lien Accrues — Time fot Filing Notice. — The right 
of a county to a lien for money paid for the destruction of scales and insects in an 
orchard, under the act of March 3, 1897, accrues at the time tne money is paid, 
and the notice of lien may be filed within thirty days from that time. 



46 STATUTES, ETC., RELATING TO HORTICULTURE. 

Appeal from tlie Superior Court of Riverside County. J. S. Noyes, 
Judge. 

For Appellant, Lyman Evans. 

For Respondent, P. Ferguson. 

The court below sustained a demurrer to plaintiff's complaint, with- 
out leave to amend, and this appeal is from the judgment for the pur- 
pose of reviewing the order sustaining the demurrer. 

The action was brought to foreclose a lien for money paid out by 
plaintiff for destroying certain scale and other insects found upon the 
trees in defendant's orchard, the lien being claimed under the provi- 
sions of the act of March 3, 1897, entitled "An act to promote the hor- 
ticultural interests of the State by providing county boards of horti- 
culture," etc. (Stats. 1897, p. 244). 

It is said by appellant that the court below sustained the demurrer 
upon the ground that the act was unconstitutional, and as the court 
denied the plaintiff leave to amend, it would seem that the contention is 
correct. The point may be regarded as settled by this court in County 
of Los Angeles vs. Spencer, 126 Cal. 670, which case w^as decided a few 
days after the court made the order sustaining the demurrer in this case. 
We regard the reasoning of the court in that case as correct, and it is 
not necessary to further discuss the question. Other objections, how- 
ever, are made to the complaint, which we will notice in the order pre- 
sented. It is claimed that the complaint fails to show that proper 
rtotice was served upon defendant requiring him to eradicate and destroy 
the scale prior to the expense incurred by plaintiff. The act provides, 
in speaking of the duties of the county board of horticultural commis- 
sioners: "They shall notify the owner or owners, or person or persons 
in charge or in possession of the said places or orchards, * * * that 
the same are infested with said insects, or other pests, * * * and they 
shall require such person or persons to eradicate or destroy the said 
insects * * * within a certain time to be specified. Said notice may 
be served upon the person or persons, or either of them, owing, or hav- 
ing charge, or having possession of such infested place * * * by any 
commissioner, or by any person deputed by the said commissioners for 
that purpose, or they may be served in the same manner as a summons 
in a civil action." 

The complaint alleges that the board "caused a notice to be served 
upon W. Miller, in charge of, and in possession of, said premises and 
orchard for the defendant, as his agent, requiring said defendant and 
agent to eradicate or destroy the said scale and insects so found upon 
said trees wathin ten days after the service of said notice. ' ' 

A copy of the notice is attached to the complaint as an exhibit, and 
the copy shows that the notice contained fully all matters required by 
the statute. 

We think the allegation as to service of notice sufficient. It shows 
that the person served was the person in charge of and in possession of 
the premises. This is all that the statute requires. The allegation 
shows that the notice was served substantially as required by the statute. 



STATUTES, ETC., RELATING TO HORTICULTURE. 47 

It is further contended that the complaint fails to show that the 
notice of lien was filed within thirty days after the right of lien accrued. 
This contention is based upon the fact that the complaint shows that the 
labor of destroying the scale was done in the latter part of September, 
] 898, and that the notice of lien was not filed until January, 1899. The 
statute provides that the expense shall be a county charge and the board 
of supervisors shall allow and pay the same out of the general fund of 
the county. "Any and all sums so paid shall be and become a lien on 
the property. * * * A notice of such lien shall be filed and 
i-ecorded in the office of the county recorder of the county in which the 
said property and premises are situated within thirty days after the 
right to the lien has accrued. ' ' 

The right to the lien accrued to the county at the time it paid the 
amount. It then became a lien upon the property, and not till then. 
After the lien so accrued the county had thirty days in which to file its 
notice. It is alleged that the county paid the amount December 0, 1898, 
and that it filed the lien January 7, 1899. This was within thirty days 
fifter the right to the lien accrued. 

The notice of lien w^as sufficient when signed and verified by the mem- 
liers of the board of commissioners stating that the county claimed a 
lien for the amount of expense. It contains a description of the prem- 
ises, the name of the owner, the amount claimed, that it is for labor 
bestowed and materials furnished in eradicating the insects upon the 
orchard of defendant. This was all that was required by the statute. 
In fact, the statute is entirely silent as to the form, contents, or requisites 
of the notice. It simply says a "notice of such lien shall be filed and 
recorded. ' ' The complaint shows that the notice was filed and recorded. 
The fact that the notice stated that the plaintiff claimed the* benefit of 
the law relative to liens of mechanics and others upon the real property 
did not vitiate it. This part of the notice may be regarded as surplus- 
age. The same may be said of the prayer for a personal judgment. 
The prayer is no part of the complaint, and, in addition to the prayer 
for personal judgment, it asks that the amount may l)e declared a lien, 
; ud that the premises be sold to satisfy such lien. 

We recommend that the judgment be reversed, and the cause re- 
manded with directions to the lower court to overrule the demurrer and 
iillow defendant a reasonable time to answer. 

COOPER, C. 

We concur : 

CHIPMAN, C. 
HAYNES, C. 
For the reasons given in the foregoing opinion the judgment is 
reversed, and the cause remanded wdth directions to the lower court to 
overrule the demurrer and allow defendant a reasonable time to answer. 

HENSHAW, J. 
McFARLAND, J. 
TEMPLE, J. 



48 STATUTES, ETC., RELATING TO HORTICULTURE. 

POWERS OF HORTICULTURAL COMMISSIONERS DEFINED. 

In the Superior Court of the County of Tehama, State of California. 

OREGON NURSERY CO., Limited (a Corporation), Plaintiff, \ 

vs. > OPINION. 

R. W. COATS AND A. W. SAMSON, Defendants. ) 

The plaintiff, in January of this year, shipped from the State of 
Oregon into this county a large number of fruit trees — nursery stock. 

Believing the defendants were the proper persons to inspect said 
trees, the agent of the plaintiff notified the defendants of their arrival. 

The defendants examined said trees and found some of them infested 
with peach-root borers, some with sour sap, some Avhose roots had been 
frozen, and some with root knot. 

That the trees were so infested and diseased I think is shown by a 
preponderance of evidence. 

Of the total number of trees shipped only a small percentage were 
condemned by defendants, and of those condemned only a part were 
destroyed. 

It may be that in inspecting so large a number of trees, the defend- 
fints occasionally made a mistake, and condemned a tree that should 
have been passed. It would be strange if they did not, but the evidence 
satisfies me that in the main all the trees condemned, and particularly 
all the trees destroyed, were, by reason of borers or disease, unfit to sell 
or plant and had no market value. 

Entertaining these views I should, without further discussion, order 
judgment for defendant, were it not that a vital C[uestion still remains 
to be solved, viz : Were the defendants authorized by law to inspect the 
trees at all, and if so, were they authorized to destroy any or all of 
those condemned? 

Upon this branch of the case I shall express my views somewhat at 
length, both because a correct decision of this case justifies it and 
because such discussion may assist the board of supervisors and county 
horticultural commission in the discharge of their duty, with reference 
to other cases that may arise. 

When a board of supervisors or any other local board attempts to do 
any act with reference to the property of an individual it must be able 
to show its authority to do so, by some law clearly conferring such 
power. 

The defendants claimed the right to inspect, condemn and destroy the 
trees by virtue of holding the official position of horticultural inspectors 
for Tehama County. It is true one of the defendants claimed to hold 
the position of quarantine guardian, but as he testified positively that 
in what he did concerning these trees he did not act as quarantine 
guardian, but that in all he did he was acting as inspector, the validity 
of his appointment as such guardian and his powers and duties as such 
need not be considered. 

So far as I am advised there are now in force three acts of the legis- 
lature relating to the .protection of the fruit interests of the state. 



STATUTES, ETC., RELATING TO HOETICULTURE. 49 

The first I shall notice is an act passed in 1883 (Statutes of 1883, 
p. 289). This act provides for a State Board of Horticultural Commis- 
sioners, consisting of nine members, to be appointed by the Governor, 
two from the state at large and one from each of seven districts. The 
provisions of this act, so far as necessary to be noticed at this time, are 
found in sections 5 and 7. 

Section 5 provides that that state board, for the purpose of preventing 
the spread of contagious diseases among fruit trees and fruit, and for 
the prevention, treatment, cure, extirpation of fruit pests and the 
diseases of fruit and fruit trees, and for the disinfection of grafts, scions, 
orchards, debris, etc., dangerous to orchards, fruit, and fruit trees, shall 
make regulations for the inspection and disinfection thereof, which 
regulations shall be circulated in printed form among the fruit growers 
of the state, and shall be published and posted, etc. Said regulations, 
when posted in three public places of the county, shall be binding on all. 

Section 7 provides that the state board may appoint as many quaran- 
tine officers as may be needed to carry out the provisions of this act, 
Avhose dut}' it shall be to see that the regulations of the board are 
enforced and carried out. 

Whether, acting under this statute, the state board has ever adopted 
any regulations, or printed or posted them, if adopted, I am not in- 
formed. The court -can not take judicial notice, without proof, of its 
proceedings. 

The next act to which attention is called is the act of 1897 (Statutes 
of 1897, Chapter 183). 

The first section of this act provides where and under what conditions 
the board of supervisors of a county may appoint a county board of 
horticultural commissioners. It may make such appointment "when- 
ever a petition is presented signed by twenty-five or more persons, each 
of whom is a resident freeholder and possessor of an orchard, stating 
that certain or all orchards or nurseries or trees of any variety are 
infested with scale insects of any kind injurious to fruit trees and vines, 
codling moth, or other insects that are destructive to trees." 

It is the law of this state that whenever the legislature confers power 
upon a board of supervisors or other board, and prescribes the circum- 
stances under which or the manner in which such power is to be exer- 
cised, the circumstances must exist before the board can act at all, and if 
it act it must do so in the manner pointed out by the statute. 

As was said by the supreme court of this state. In re Grovestreet, 61 
Cal. 449: "It was for the legislature to prescribe, and the legislature 
has prescribed, what the petition shall contain — until a petition is pre- 
sented containing substantially all that the law declares shall be inserted 
in a petition to initiate the proceedings, the counsel has no power or 
jurisdiction to act. " 

The statute says the board of supervisors may appoint a county board 
of horticulture, first, when a petition is presented signed by twenty-five 
I'esident freeholders and possessors of orchards ; and, second, when such 

4 HS 



50 STATUTES, ETC., RELATING TO HORTICULTURE. 

petition states that certain or all orchards or nurseries or trees are 
infested with scale insects of any kind injurious to fruit trees and vines, 
codling moth or other insects that are destructive of trees. 

The petition presented to the board asking for the appointment of a 
county board of horticulture complied with the first of the above condi- 
tions. It was signed by twenty-five persons having the qualifications 
prescribed by the statute ; but it did not, even in substance, comply with 
the second condition. It did not state that any orchard or trees in 
Tehama County were infested with scale insects injurious to trees, 
codling moth or any insect destructive of fruit trees. 

All the petition stated upon this vital point was the following : ' ' We 
are credibly informed and wholly aware that there exist throughout this 
county a great many insects and pests of various kinds, and that they 
are multiplying at an alarming rate." 

This is not a statement that any orchard or all orchards or trees are 
infested with codling moth, scale insects, or any insects destructive of 
fruit trees. 

Of course there are insects and pests in Tehama County, ])ut the 
statute said the petition must state that there are insects or pests here 
injurious to fririt trees. 

It will be admitted, I presume, that not all insects and pests are 
injurious to fruit trees. 

As the presentation of a petition containing the matters the statute 
requires was the thing necessary to give the board jurisdiction to make 
any appointment, it follows that the order of the board, based upon the 
above petition, appointing a county board of horticulture, was void, and 
from a legal standpoint no board was appointed. 

As the board of supervisors may hereafter conclude, upon a proper 
petition presented, to appoint a board of horticulture, I deem it not 
improper to offer some suggestions as to what the scope of the authority 
of such board of horticulture will be when legally appointed. 

The second section of the act of 1897 states some of the duties of such 
board. 

When it deems it necessary it shall cause an inspection to be made of 
any orchard or nursery, or trees, plants, etc., and if found infested with 
scale insects or codling moth or other pests injurious to fruit, plant or 
vegetable life, or with their eggs or larva?, they shall notify the owner 
(^r person in possession thereof thfit they are infested with such pests, 
i.nsects, etc.. and shall require such person to eradicate or destro.y said 
insects or other pests, their eggs or larvje, within a certain time to lie 
specified. 

It then provides that if the owner or person in possession of said 
orchard or trees shall refuse or neglect to abate the pests, insects, etc., 
within the time specified, then it shall be the duty of the county board 
of horticulture to cause said nuisance to be at once abated, by eradicating 
or destroying said insects or other pests, or their eggs or larva. 



STATUTES, ETC., RELATING TO HORTICULTURE. 51 

' ' The expense thereof shall be a county charge, and the board of 
supervisors shall allow and pay the same out of the general fund 
of the county; and any or all sum or sums so paid shall be and 
become a lien on the property and premises from which said nui- 
sance has been removed or abated in pursuance of this act, and may 
be recovered in an action against such property and premises." 

The above seems to be the full measure of power of the county board 
of horticulture in the matter of dealing with the trees or orchards of 
other persons. 

When we analyze this section we reach the following results: The 
county board of horticulture has power to inspect any and all orchards 
and trees in the county, and if it finds them infested with scale insects or 
codling moth or other pests injurious to fruit, plants, vegetables, trees. 
or vines, or with their eggs or larvfe, it shall notify the owner or person 
in possession and require him to eradicate or destroy said insects or 
other pests, or their eggs or larva?, within a certain time to be specified. 

If the owner or person in possession of the trees or orchard neglects 
or refuses to abate the same within the time specified, the commissioners 
shall cause said nuisance to be at once abated by destroying or eradi- 
cating said insects or other jjests, or their eggs or larvsp. 

It will be noticed that no authority is anywhere in the statute given 
to destroy trees or orchards. The only authority given to destroy is to 
destroy the pests or insects. Nothing is said about destroying trees. 
The language is: "It shall be the duty of said commissioners to cause 
said nuisance to be at once abated by eradicating or destroying said 
insects or other pests, their eggs or larvcc." 

Whether they would be authorized in any case to destroy trees would 
probably depend uj)on circumstances. It is their duty to eradicate or 
destroy the insects and pests. If a tree or trees were so infested with 
insects or pests, their eggs or larvas, as to render it impracticable to 
eradicate or destroy said insects or pests without destroying the trees, 
m such case I think the board would be justified in destroying the trees. 

But it is clear that the statute in no case confers authority to destroy 
any trees except such as are infested with insects, borers, or fruit pests. 
Nor do I know of any good reason why such power should be conferred. 

Take the case of trees afflicted with sour sap. All witnesses on both 
sides testify that it is a disease of the individual tree, produced by local 
conditions of soil, moisture, or temperature. That it is neither con- 
tagious nor infectious. It will not communicate to nor infect other 
trees in the same orchard or nursery. 

This being so, no good reason can be suggested why, if commissioners 
find a tree or row of trees in my orchard afflicted with sour sap, they 
should destroy it or them. It will not spread to any more of my trees 
nor to those of my neighbors, and if I want to take care of and try to 
grow a sick tree I see no reason why the state should not permit me to do 
so. Any way, it certainly has not conferred authority upon any one to 
destroy such a tree without the consent of the owner. 



52. STATUTES, ETC., RELATING TO HORTICULTURE. 

The same rule must apply to nursery stock offered for sale. After the 
commissioners have inspected it and found trees afflicted with sour sap 
and informed the intended purchaser, if he is silly enough to plant them 
he should be permitted to do so. 

These remarks do not apply to trees infested with insects and pests 
injurious to fruit trees. No one should be permitted to buy, sell, plant, 
grow, or keep in his possession trees infested with insects, pests, etc., 
that will propagate, spread, grow, and infest and destroy the orchards 
of other people. 

The third section of this act of 1897 gives the county board of horti- 
culture power to divide the county into districts and to appoint a local 
inspector for each district. 

The fourth section makes it the duty of the county board of horticul- 
ture to keep a record of its proceedings. 

Acting under these tw^o sections, if the board of county commissioners, 
when appointed, desires to appoint local inspectors, it should meet as a 
board and divide the county into districts, by section lines or otherwise, 
fixing the boundaries of each district, and enter it upon the records of 
its proceedings. If it appoints an inspector for each district, it should 
do so at a meeting of the board, and enter the names and districts for 
which appointments are made, upon the minutes of its proceedings 
required by law to be kept. 

Before leaving this statute of 1897 I desire to make some general 
suggestions concerning it : 

It is obvious that it was not passed expressly, if at all. for the purpose 
of providing for the inspection of nursery trees offered for sale. The 
legislature had in mind that there might be in a county an orchard 
infested with insects and pests destructive of fruit trees, wdiich if not 
eradicated would spread and injure other trees and orchards, and where 
the owner either neglected or refused to eradicate them, thereby endan- 
gering the property of neighbors. It was to force such an owner to 
eradicate such pests and insects, and if he did not, to give the county 
commissioners power to do it and make the expense a lien upon his 
orchard, that the statute was passed. 

This is apparent from the first section. To get commissioners ap- 
pointed a petition must be presented stating that certain or all orchards 
or nurseries of trees are infested, etc. The board would have no power 
to appoint, if the petition alleged that all trees and orchards in the 
county were free of pests and insects, but petitioners believed some one 
was about to bring infested trees in from another county or state. 

That the legislature was legislating for orchards and not for nursery 
trees out of ground is obvious from section 2, which provides that the 
county shall have a lien upon the property for the expense of eradi- 
cating and destroying insects and pests. 

After the county officers had condemned a lot of nursery trees, 
because infested with root-borers, etc., it would look silly for the county 
to offer such trees at public auction to pay the expenses of eradicating 
the pests from them. 



STATUTES, ETC., RELATING TO HORTICULTURE. 53 

But, however all this may be, it is clear that if the act of 1897 did 
confer power upon county boards of horticulture and local inspectors 
to inspect and condemn nursery stock shipped in from other states, such 
authority was taken away by the act of 1899, and conferred exclusively 
upon the State Board of Horticulture and the quarantine guardians 
appointed hy it. 

The rule has been announced by our Supreme Court that whenever 
the legislature purports to pass an act dealing with the whole of a par- 
ticular subject-matter, such act repeals, by implication, all former acts 
upon the same subject. 

The act of 1899 is directed exclusively to the inspection of nursery 
stock shipped into this state from places without the state. 

The first section provides that any person who shall bring any nur- 
sery stock into this State shall notify the state horticultural officer or 
the quarantine guardian of the district or county of its arrival, and 
shall hold the same, without unnecessarily moving the same, for the 
inspection of such state horticultural officer or quarantine guardian. 
If there is no quarantine guardian or state horticultural officer in the 
county where such stock is received, it shall be the duty of the person 
having said stock to notify the state board of horticulture, who shall 
make immediate arrangement for its inspection. 

The third section provides that when any shipment of nursery stock 
brought into this State is found infested with injurious insects, their 
eggs, larvjK, or pupae, or infested with tree, plant, or fruit disease or 
diseases, the entire shipment shall be disinfected at the expense of the 
owner. After such disinfection it shall be detained in quarantine the 
necessary time to determine the result of such disinfection. If the dis- 
infection destroys all insects and their eggs, and eradicates all diseases 
and prevents contagion, the trees shall then be released from quaran- 
tine. (What shall be done with the trees if the disinfection shall not 
prove a success the statute nowhere states. ) 

It was clearly the purpose and intent of the legislature in passing 
this act of 1899, to place the inspection, disinfection, quarantining, 
etc., of nursery stock shipped into this State in the hands and juris- 
diction of a state board of horticulture, to be by it, or by a quarantine 
guardian appointed by it, inspected, etc., and to take away from the 
county boards of horticulture and local inspectors all the authority to 
inspect, condemn, or destroy such imported stock. 

The foregoing are all the laws of the State called to my attention or 
that I have been able to find bearing upon the facts and circumstances 
developed by the trial of this case. It is a crude and unsatisfactory 
mass of legislation upon a very important subject. The fruit industry 
is one of the largest and most important in the State, and it would 
seem that some plain, simple legislation upon so important a subject 
could be formulated and passed. 

From this review of the law I conclude : 

1. That by reason of defective petition the board of supervisors never 



54 STATUTES, ETC., RELATING TO HORTICULTURE. 

acquired jurisdiction to appoint a county board of horticulture, and 
that its attempt to do so was void. 

2. That defendants were not legally appointed local or district in- 
spectors, because there was no horticultural commission to make the 
appointment, and because if there was such a board it did not attempt 
to make such appointment at any time when in session as a board, nor 
did it make any record of such appointment. 

3. That county boards of horticulture and inspectors, by reason of 
the passage of the act of 1899, have no authority or power to inspect, 
condemn, or destroy a nursery stock shipped into this State from 
another state; but the duty and power to inspect such a stock is, by 
the act of 1899, vested exclusively in the state board of horticulture 
and in the quarantine guardians appointed by it. 

4. That any one shipping nursery stock into this county from any 
place without the State must, before moving it, notify the state quar- 
antine officer of the district of the arrival of the trees; if there is no 
state quarantine officer for the district he shall notify the State Board 
of Horticulture, who shall appoint some one to inspect the trees. 

5. That no power has been conferred either on county or state board 
to destroy any trees unless they are infested with fruit insects or pests, 
or infested with some contagious or infectious disease. 

That sour sap in a tree furnishes no justification for the destruction, 
as it is neither infectious nor contagious. 

6. If a county board of horticulture is appointed b.y the board of 
supervisors, and the county divided into districts and local inspectors 
appointed, then the state board can appoint the members of the county 
board and the local inspectors state quarantine guard:ans. Then the 
county board and local inspectors, acting as quarantine guardians, 
would have authority to inspect the nursery stock shipped into the 
county from without the State. 

7. The evidence shows that the defendants in all their acts concerning 
plaintiff's trees acted in good faith, believing that they had been legally 
appointed and that it was their duty to do what they did. 

Because the defendants were not legally appointed and were not 
authorized to destroy the trees I am asked to enter up judgment for 
the full value of a sound, merchantal)le stock of trees. 

This I must decline to do. 

The plaintiff is only entitled to the market value of the trees 
destroyed. The evidence is to the effect that the trees destroyed, by 
reason of the presence of peach-root borers, sour sap. frozen roots, root 
knot, etc., were unfit to plant, were worthless, and had no market value. 

The measure of the plaintiff's damage is the value in the market of 
the trees destroyed, and no more. 

Although of no value, as the defendants were not authorized to 
destroy them, plaintiff is entitled to nominal damages, fixed at one 
dollar. 

A perma,nent injunction is asked for. I do not think a case is made 



STATUTES, ETC., RELATING TO HORTICULTURE. 55 

out for such an order. It does not appear that plaintiff has any nursery 
stock in this county at this time, nor that he will have in the future. 
Should he bring any in, the defendants may then be quarantine guard- 
ians and have a right to inspect, and they may not attempt to inspect 
if not appointed quarantine guardians. 

The findings and judgment will be filed in accordance with this 
opinion. 

JOHN F. ELLISON, Judge. 

In the Superior Court of the County of Tehama, State of California. 

OREGON NURSERY CO., Limited (a corporation), \ fi^jqi^gs of FACT 

Plaintiff, f ^^p CONCLUSIONS 



vs. 



OF LAW. 



R. W. COATS AND A. W. SAMSON, Defendants. 

The above entitled action came on regularly for trial on the 18th day 
of June, 1901, A. M. McCoy and John J. Wells appearing as attorneys 
for the plaintiff and M. G. Gill and G. H. Chase for the defendants. 

Whereupon oral and documentary evidence was introduced, the 
cause argued by counsel for the respective parties, and submitted to the 
court for its decision. 

From the evidence the court finds the facts as follows, to wit : 

I. That at all the times mentioned in the complaint the plaintiff was 
and now is a corpoi'ation organized under the laws of the State of 
Oregon. 

II. That the defendant R. W. Coats claims to be an inspector ap- 
pointed by the county board of horticultural commissioners of Tehama 
County, State of California, and the defendant A. W. Samson claims to 
be such inspector and also claims to be a quarantine guardian appointed 
b,y the State Board of Horticulture of the State of California. 

III. That on or about the 19th day of January, 1901, the plaintiff' 
brought into the State of California and into Tehama County a ship- 
ment of fruit trees of a value exceeding one thousand dollars. 

That a portion of said trees were brought to the town of Red Bluff 
and a portion of said trees were brought to the town of Corning and a 
portion of said trees were brought to the town of Vina, all within said 
county of Tehama. 

That plaintiff immediately and within twenty-four hours after such 
arrival notified the defendants and held the said fruit trees without 
unnecessarily removing the same or placing them where they might be 
harmful, that they might be immediately inspected by said defendants ; 
that by permission of said defendants a portion of said fruit trees, so 
brought to the town of Red Bluff, were removed from said town to a 
place within said county of Tehama, about three miles distant from 
said town. 

IV. That a large number of said trees were infested with injurious 
insects and their larvae, and infested with tree diseases. 

That none of said trees were infested with any species of injurious 
insects, their eggs, larvas, or pupte, not existing in the orchards, vine- 
yards, gardens, or farms of California. 



56 STATUTES, ETC., RELATING TO HORTICULTURE. 

V. That the said defendants, claiming to be such inspectors as afore- 
said, did thereafter inspect said trees situate at the several points above 
mentioned. 

That on making said inspection the said defendants found that said 
trees and many of them were infested with injurious insects, their eggs 
and larvffi, and infested with tree, plant, and fruit diseases. 

They did not find, nor did either of them find, the said trees or any 
of them infested with any species of injurious insects, or their eggs, 
larvse, or pupae, not existing, in the orchards, vineyards, gardens, or 
farms of California. 

That said defendants did notify the agent of plaintiff in charge of 
said trees that the same were infested with insects and pests injurious 
to fruit, plants, vegetables, trees, and vines, and with their larvae, but 
did not nor did either of them require plaintiff or its agent to eradicate 
or destroy such insects or other pests, or their eggs or larvae, within 
any time specified, or at all. 

VI. That said defendants, after making said inspection, did con- 
demn a large number of said trees as being infested, but did not do so 
without exercising proper discretion and judgment nor without just 
cause therefor. 

That said defendants did not, nor still do not, decline or refuse to say 
what, if any, injurious insects, or what, if any, eggs, larvae, or pupae, 
were found on said trees. 

On January 19, 1901. defendant A. W. Samson gave the certificate set 
forth in subdivision VI of the amended complaint. 

That of the trees so condemned 9 were of the trees inspected at Red 
Bluff, and 374 were of the trees inspected at the town of Corning, and 
159 were of the trees inspected at the town of Vina, 2,318 were of the 
trees inspected at the point above-named about three miles distant from 
the town of Red Bluff. 

That except as to the 2,318 trees above mentioned, the defendants did 
not refuse to allow plaintiff to remove the trees so condemned or to 
allow the plaintiff to use or plant or cause the same to be planted. 

Of the trees so condemned and not destroyed (as hereafter found) 
the defendants neither consented nor refused to allow plaintiff to 
remove them from the place where condemned, or to use or plant the 
same. 

That the defendants "did not disinfect any of the trees so condemned 
by them. 

VII. That at the time of said inspection and at the time said trees 
were condemned, thej^ were diseased, infested with root-borers, sour 
sap, and root knot, and unfit to plant, and by reason of their condition 
had no market value whatever and were not of the value of $476.03, nor 
of any value whatever. 

VIII. That of the trees so condemned the said defendants did, on 
or about the 22d day of January, 1901, and without giving plaintiff or 
its agent the option whether said fruit trees should be removed from the 



STATUTES, ETC., RELATING TO HORTICULTURE. 57 

State or destroyed, destroyed 2,020 in number of said trees by burning 
them. 

That they destroyed them because they were infested with root-borers 
and sour sap and other diseases of fruit trees, and without other cause 
therefor. 

That defendants did not refuse to allow plaintiff to care for 296, or 
any number of said trees. That they Avere exposed to the wind and 
died. 

IX. That the trees so destroyed as set forth in finding VIII by 
burning and exposure to the wind were not of the value of $388.14, nor 
of any value whatever. 

X. That said defendants threatened to destroy all of said trees so 
condemned, but which had not been destroyed when this action was 
begun ; but as all of said trees had either died or been destroyed prior to 
the trial of this action, the issue of a permanent injunction would be a 
useless act. 

XI. That said defendants were not, nor was either of them, ever 
appointed inspector by the County Board of Horticultural Commis- 
sioners of Tehama County, and they were not, nor was either of them, at 
any time such inspector, and the defendant Samson was not at any time 
mentioned herein a quarantine guardian appointed by the horticultural 
board of the State. 

XII. That by reason of the facts above set forth plaintiff has not 
been damaged in the sum of $476.03, or in any sum whatever. 

XIII. That of the trees burned some were infested with peach-root 
borers, which is an insect pest injurious to fruit trees and orchards and 
infectious; but only a small per cent of said trees were thus infested. 
That the others burned were affected with sour sap. which is a condi- 
tion or disease of the individual tree, neither infectious nor contagious. 

As conclusions of law from the foregoing facts the court finds : 
That plaintiff is entitled to nominal damages in the sum of one dollar. 
That plaintiff is not entitled to a permanent injunction. 
That each side should pay its or their own costs. 
Let judgment be entered accordingly. 

JOHN F. ELLISON. Judge. 



DUTIES AND LIMITATIONS OF HORTICULTURAL COMMISSIONS. 
Decision on White Fly Injunction at Marysville. 

In the effort to eradicate the "White Fly" (Aleyrodes citri) in the 
city of Marysville, an attempt was made by some of the property owners 
to prevent the horticultural commissioners from entering upon their 
jjremises and performing the necessary' work. To this end, injunctions 
were sought restraining them from interfering with the property of 
the aflfiants. Suit was then brought to have these injunctions denied, 
and that of Mrs. Jennie F. Meyers was brought into court and the case 
heard by Superior Judge Mahon, who, upon presentation of the facts, 



58 STATUTES, ETC., RELATING TO HORTICULTURE. 

refused the injuuction, stating, in his opinion, the law in the case, as 
follows : 

"It is the duty of the county horticultural commission to make inspec- 
tion of all orchards and if, upon inspection, they found that the orchards 
were infested with the dangerous pest or insect, it becomes the duty of 
the commission to serve notice on the owner of the orchard to supply 
such remedies in the eradication of such pest as should be prescribed by 
the State Horticultural Commissioner. 

"That the determination of the fact as to whether the pest or insect 
is dangerous lies solely with the horticultural commissioners, and th(» 
remedy to be applied in its eradication lies solely with the State Horti- 
cultural Commissioner, and the courts will not interfere with their 
determination of these facts. That, in this case, from the affidavits filed 
in answer to the complaint on application for injunction set forth that 
the horticultural commissioners of Yuba County have examined and 
inspected the orchard on the premises of Mrs. Jennie Meyers, the plain- 
tiff, and have found that the said orchard is infested with the 'white 
fly,' a dangerous insect and pest. That they have served upon her a 
notice prescribed by the statute to eradicate the pest and insect in the 
manner prescribed by the State Horticultural Commissioner, to wit, to 
defoliate the trees. 

' ' Of the facts set forth in the affidavit of the horticultural commission 
there is no denial, and it appears that the said commission is proceeding 
regularly in the discharge of their duties as set forth in the statute, and 
a court of equity will not interfere with them in a matter that the law 
places solely in their hands to determine. It is the judgment of the 
court that if upon inspection of an orchard no dangerous insect or pest 
were found, then the county board of horticultural commissioners would 
iiave no right to enter upon the premises or take any steps toward erad- 
icating the pests. If no pest were found upon the particular orchard, 
then there could be no legitimate excuse to attempt to eradicate it. 
Only orchards infested can be treated by the commission. 

"They have no right under the law to assume that an orchard will 
become infested. The particular orchard owned by Mrs. Meyers 
appears, from the undisputed evidence set forth in the affidavit, to be 
already infested with the white fly, and this commission will not be 
enjoined from applying the prescribed remedy for the eradication of 
the said pest. The injunction is therefore denied. ' ' 



POWERS OF COUNTY HORTICULTURAL COMMISSIONERS AND 
STATE QUARANTINE OFFICER. 

Opinion of Attorney-General Tirey L. Ford. 

San Francisco, Cal., September 24, 1901. 
Mr. Alexander Crav^, State Board of Horticulture, 

Clay Street Dock, San Francisco, Cal. 
Dear Sir: Your favor of July 8, 1901, received, but owing to the 
I)ress of other official matters which I had in hand at the time of the 



STATUTES, ETC., RELATING TO HORTICULTURE. 59 

receipt of your communication, I have only just been able to give your 
letter my consideration. 

You say: "A serious and contagious disease of olive trees, loiown as 
Bacillus olece, has been found in several counties of this State, intro- 
duced several years ago from Europe. There is no known remedy for 
the disease, and the board desires to know (1) if the county horticul- 
tural commissioners have power to order all such diseased trees de- 
stroyed, or to destroy them, under the last clause of section 2 of the law 
of 1897; (2) in counties where no county board of horticulture exists, 
has the State Board of Horticulture any legal right to cause the condem- 
nation or destruction of such diseased trees through the courts, or other- 
wise?" 

In reply to your first question, permit me to say that the State Board 
of Horticulture was created by act of March 18, 1883 (Statutes 1883. 
p. 289). The act was amended in 1889 (Statutes 1889, p. 89). The 
amended act authorizing the creation of county boards of horticulture 
is the act of March 31, 1897 (Statutes 1897, p. 244). Theact provides 
for the creation of the county boards of horticultural commissioners. 
By section 2 of said act it is made the duty of the board to cause an 
inspection to be made of any orchards or nurseries, or trees, plants, etc., 
find if found infested with any pest injurious to the fruit, trees, plants, 
vegetables, etc.. or with their eggs or larvae, they shall notify the owner 
thereof to destroy the said pests, or their eggs or larvae. 

The act then reads : ' ' Any and all such places, or orchards, or nur- 
series, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus 
infested, are hereby adjudged and declared to be a public nusance. 
* * * It shall be the duty of the county board of horticultural com- 
missioners to cause said nuisance to be at once abated by eradicating or 
destroying said insects or other pests, or their eggs or larvge. ". 

After pro"\ading for the expense entailed in the destruction of the 
pests, the act declares: "The county board of horticultural commis- 
sioners is hereby vested with power to cause any and all such nuisances 
to be at once abated in a summary manner. ' ' 

The remedies against a public nuisance are: (1) Indictment or infor- 
mation; (2) A civil action; (3) Abatement. (Civil Code, Sec. 3491.) 

A public nuisance may be abated by any public body or officer author- 
ised thereunto by law. (Section 3494, Civil Code.) 

Any person may abate a public nuisance which is especially injurious 
to him, by removing or, if necessary, destroying the thing which con- 
stitutes the same, without committing a breach of the peace or doing 
unnecessary injury. (Section 3495, Civil Code.) 

There is a diversity of opinion among the text-writers upon the right 
of a private individual to abate a public nuisance from which he sus- 
tains no special injury beyond that common to the public at large. 

Some maintain the position that he has such right. 
1 Hilliard on Torts, 605 ; 
1 Bishop's Criminal Law, 828. 



00 STATUTES, ETC., EELATING TO HORTICULTURE. 

While others maintain that he has no such right. 
Wood on Nuisances, 732 ct seq.; 
Cooley on Torts, Sec. 46. 

At common law he could do so. 
3 Blackstone's Com., 5. 

In California, the case of Gunter vs. Geary, 1 Cal. 462, sustains the 
affirmative of this question, though it does not seem to have been again 
cited in this State to the point. 

However, section 3495 of the Civil Code, supra, settles the question, in 
so far as this State is concerned, against the right of a private person to 
abate the nuisance summarily, unless he has suffered some personal 
injury. 

Section 3495 of the Civil Code, supra, however, gives a public body or 
officer this right when authorized by law. 

The question then resolves itself into the following: Is the county 
board of horticulture authorized by law, to summarily abate that which 
the law has declared to be a public nuisance ? 

As stated, the statute makes the infested trees, etc., a public or com- 
mon nuisance. This the legislature has the right to do. 
County of Los Angeles vs. Spencer, 126 Cal. 670; 
Lawto7i vs. Steele, 119 N. Y. 226 ; affirmed 152 U. S. 133. 

It has given the county board of horticultural commissioners power 
to eradicate and destroy the insects, or their eggs or larvae, and, as stated 
above, declares "all infested places, orchards, or nurseries, or trees, 
plants, etc., thus infested * * * to be a public nuisance." 

The board is then given power to summarily abate the common or pub- 
lic nuisance. 

In the absence of anything further, this would be the authority of law 
referred to in section 3495, supra, of the Civil Code. 

In the case of Lawton vs. Steele, supra, the court, in speaking of the 
remedies for the abatement of nuisances, sa^^s at page 237 : ' ' The public 
lemedy is ordinarily by indictment for the punishment of the offender, 
wherein on judgment of conviction the removal or destruction of the 
thing constituting the nuisance, if physical and tangible, may be ad- 
judged, or by bill in equity filed in behalf of the people. But the 
remedy by judicial prosecution, in rem or in personam, is not, we con- 
ceive, exclusive, w^here the statute in a particular case gives a remedy by 
summary abatement, and the remedy is appropriate to the object to be 
ticcomplished. " 

In the case of County of Los Angeles vs. Spencer, supra, the Supreme 
Court was considering the constitutionality of the acts here under dis- 
cussion, and sustained them. After holding that the acts in question 
were a proper exercise of the police power, the commissioner, at page 
674, says : "In this connection it may be well to observe that the statute 
does not authorize any injury to, or destruction of property, but on the 
contrary its provisions are beneficial to the very property upon which it 
operates. ' ' 



STATUTES, ETC., RELATING TO HORTICULTURE. 61 

This expression of opinion is mere dictum and unnecessary to the 
decision. The point involved was neither argued nor referred to in the 
briefs in the case. It is true that the scope of the act is "to promote and 
protect the horticultural interests of the State, ' ' and in certain portions 
of the act it is said that the commissioners shall abate the nuisance by 
"eradicating or destroying said insects or other pests, or their eggs or 
larvffi. ' ' But, as said in the case under consideration, on page 673 : " It 
is known that the existence of the fruit industry in the State depends 
upon the suppression and destruction of the pests mentioned in the 
statute. ' ' 

In Lawton vs. Steele, supra, at page 238, it is said, in speaking of the 
power of summary abatement : ' ' But the remedy of summary abatement 
can not be extended beyond the purpose implied in the words, and must 
be confined to doing what is necessary to accomplish it, and here lies, we 
think, the stress of the question now presented. It can not be denied 
that in many cases a nuisance can only be abated by the destruction of 
the property in which it exists. The cases of infected cargo or clothing 
and of impure and unwholesome food are plainly of this description." 

Again, at page 239 : "But where a public nuisance consists in the loca- 
tion or use of tangible personal property, so as to interfere with or 
obstruct a public right or regulation, as in the case of the float in the 
Albany basin (9 "Wend. 571), or the nets in the present case, the legisla- 
ture may, we think, authorize its summary abatement by executive 
agencies without resort to judicial proceedings, and any injury or de- 
struction of the property necessarily incident to the exercise of the sum- 
mary jurisdiction interferes with no legal right of the owner." 

In Bateman vs. Colgan, 111 Cal, 587, this general principle is referred 
to as follows: "It is further objected that the provisions of section 2524 
could not have been intended to apply to a work of this character, 
because the board of harbor commissioners is not authorized thereby to 
employ an architect, which it is argued is, in the essential nature of 
things, rendered necessary in the construction of such a building. But, 
uJiere poioer is given to perform an act, the authority to employ all 
necessary means to accomplish the end is always one of the implications 
of the law, and, notwithstanding the omission of any special provisions 
to that end, it was competent for the board, in carrying out the purposes 
of the act, to employ all necessary means to fulfill its requirements. ' ' 

If, therefore, injury unavoidably follows the summary eradication 
and destruction of the insects and pests, or their eggs or larva? (the thing 
authorized by statute to be done), yet if such eradication and destruc- 
tion are done without wanton or unnecessary injury, there is no legal 
interference with the rights of the owner of the property affected. 

It must be borne in mind, however, that the board will be held to a 
strict account for an}^ unnecessary destruction of property, and it will, 
therefore, be entirely a question of fact for them to determine, in each 
instance, just how far it is necessary for them to exercise their powers. 

In reply to your second question, I have to say that the act creating 



62 STxVTUTES, ETC., RELATING TO HOKTICULTUKE. 

jind defining the powers of the said board of horticultural commissioners 
tloes not give them the powers conferred upon the county board of horti- 
cultural commissioners. Their power seems to be confined to the dis- 
semination of knowledge and the disinfection of suspected materials 
dangerous to orchards and trees, to prevent the spread of contagious 
diseases, and the establishment of quarantine regulations. But nowhere 
is a power given to destroy trees or abate nuisances. 

In the absence of said statutory provisions, I am of the opinion that 
they have no such power. 
Very truly yours, 

TIRBY L. FORD, Attorney General. 

By Wm. M. Abbott, Deputy. 

COMMISSIONER'S APPOINTMENT MANDATORY. 

On November 26, 1909, an examination was given by the State Board 
of Horticultural Examiners in Fresno County for the purpose of qual- 
ifying candidates for the office of horticultural commissioner of that 
county. After the papers had been examined, the board found that only 
cue aspirant (F. C. Schell) had procured the requisite number of credits 
to entitle him to be certified to the board of supervisors as a qualified 
man. Accordingly Mr. Schell 's name was submitted to the board, who 
refused to appoint him. Mr. Schell then proceeded in court with a man- 
damus suit to compel the supervisors to make the appointment. The 
following is the decision of the court : 

In the Superior Court of the County of Fresno, State of California. 

p. C. SCHELL, 

Plaint iff, 
vs. 
THE BOARD OF SUPERVISORS OF 
THE COUNTY OF FRESNO, STATE 
OP CALIFORNIA. and Thomas 
Martin, M. D. Huffman, Chris Jor- 
gensen, J. B. Johnson and W. D. 
Mitchell, as members of said Board 
of Supervisors, 

Defendcnits. 

Now. on this 13th day of June A. D. 1910, this cause came on reg- 
idarly to be heard before the court sitting without a jury, a trial by 
jury having been expressly waived by stipulation of the parties made in 
open court and entered upon the minutes ; plaintiff and petitioner, F. C. 
Schell, appearing by Snow & Freeman, Esqs.. and N. C. Coldwell, Esq., 
his attorneys, and the defendants, appearing by Manson F. McCormick. 
Esq., Assistant District Attorney of the county of Fresno, State of Cal- 
ifornia; testimony both oral and documentary, was offered and intro- 
duced for and on behalf of the respective parties, whereupon and after 
argument by counsel the case was submitted to the court for its findings 
and decision and the court being now fully advised in the premises does 
make and file the following findings of fact and conclusions of law : 

1. That petitioner is a citiTcen and resident of the county of Fresno. 
State of California, and is the owner of real property in said county and 
is a taxpayer therein. 



STATUTES, ETC., RELATING TO HORTICULTURE. 



63^ 



2. That the defendants, Thomas IMartin, M. D. Huffman, Chris 
Jorgensen, J. B. Johnson and W. D. Mitchell are, and each of said 
defendants is, duly elected, qualified and acting members of the board 
of supervisors of the county of Fresno, State of California. 

3. That on the 11th day of December, 1908, William Forsyth and 
twenty-eight other persons, each of whom was a resident freeholder of 
and the possessor of an orchard in the county of Fresno, State of Cali- 
fornia, presented to the Board of Supervisors of the covmty of Fresno. 
State of California, a petition signed by said William Forsyth and said 
twenty-eight other persons, which said petition stated that certain 
orchards in the county of Fresno, State of California, and certain nur- 
series therein and fruit-bearing trees of various descriptions therein were 
then infested with scale insects of various kinds, injurious to fruit, fruit 
trees and vines, and in said petition they prayed said Board of Super- 
visors of the county of Fresno, State of California, that a commissioner 
be appointed whose duty it shall be to supervise the destruction of such 
scale insects. 

4. That said petition ever since said 11th day of December. 1908, has 
been, and is now. on file in the office of the clerk of said Board of Super- 
visors of the county of Fresno. State of California. 

5. Th^t at all times herein mentioned A. T. Garey. E. B. Collier and 
Edward K. Carnes have been and are now the duly appointed and qual- 
ified and acting meml)ers of the State Board of Horticultural Examiners 
of the State of California and have constituted and do now constitute 
said State Board of Horticultural Examiners of the State of California. 

6. That more than thirty days before the 26th day of November, 1909. 
said State Board of Horticultural Examiners of the State of California 
duly published and posted in the manner required by law a notice that 
the said Board of Horticultural Examiners of the State of California 
would hold an examination in the city of Fresno, county of Fresno. 
State of California, on the 26th day of November, 1909, beginning at 10 
o^elock a. m. at the Horticultural Commissioners' room at the courthouse 
for the purpose of examining candidates for the office of County Horti- 
cultural Commissioner, as provided for in section 2322 of the Political 
Code of the State of California, Avhich said notice set forth the con- 
ditions and subject of such examination, and the publication and post- 
ing of such notice was for such time and in such manner in said county 
(if Fresno as the State Board of Horticultural Examiners of the State 
of California in their judgment deemed advisable. 

7. That on said 26th day of November. 1909, beginning at 10 o'clock 
in the morning of said day and in the Horticultural Commissioners' 
room in the courthouse in the city of Fresno, county of Fresno, State of 
California, such examination of candidates for Horticultural Commis- 
sioner was held by said State Board of Horticultural Examiners of the 
State of California. 

8. That the petitioner was an applicant for examination for said 
appointment of Horticultural Commissioner for the county of Fresno. 



64 STATUTES, ETC., RELATING TO HORTICULTURE. 

in the State of California, at said time and place, and before taking the 
examination, petitioner paid a fee of $5.00 therefor, which was by 
petitioner delivered to the person supervising said examination. 

9. That petitioner was at the time and place mentioned and specified 
in said notice, so published and posted as hereinbefore stated, examined 
by said State Board of Horticultural Examiners of the State of Cali- 
fornia touching his qualifications for the office of Horticultural Commis- 
sioner of the county of Fresno, State of California, and said examination 
was upon the conditions and subjects so stated and set forth in said 
notice. 

10. That on the 13th day of December, 1909, said State Board of Hor- 
ticultural Examiners of the State of California certified to the Board of 
Supervisors of the county of Fresno, State of California, the names of 
the persons so examined they deemed competent and qualified for such 
office of Horticultural Commissioner of said county of Fresno, and rec- 
ommended and nominated to said Board of Supervisors of the county 
of Fresno a list of the residents and citizens of the county of Fresno said 
State Board of Horticultural Examiners of the State of California 
deemed competent and qualified for such office. 

11. That petitioner was and is the only person examined that the said 
State Board of Horticultural Examiners of the State of California 
deemed competent and qualified for such office of Horticultural Commis- 
sioner of the county of Fresno, and the name of petitioner was the only 
name contained in the list of residents and citizens of said county of 
Fresno so recommended and nominated to said Board of Supervisors of 
the county of Fresno, State of California, by said State Board of Horti- 
cultural Examiners of the State of California, as hereinbefore stated, 
and ever since said 13th day of December, 1909, petitioner has been and 
now is the only person certified by the said State Board of Horticultural 
Examiners of the State of California to the Board of Supervisors of the 
county of Fresno, State of California, as being competent and qualified 
for such office of Horticultural Commissioner of the said county of 
Ftesno, and ever since said last mentioned date has been and now is, 
the only person recommended and nominated by said State Board of 
Horticultural Examiners of the State of California to said Board of 
Supervisors of the county of Fresno, State of California, as a fit, proper, 
competent and qualified person to be such Horticultural Commissioner 
of the said county of Fresno. 

12. That immediately after said 13th day of December, 1909, it 
became, ever since has been and now is the duty of the said Board of 
Supervisors of the county of Fresno. State of California, and of said 
defendants Thomas Martin, M. D. Hufi^man, Chris Jorgensen, J. B. 
Johnson and W. D. Mitchell, as members of said Board of Supervisors. 
specially enjoined upon them by law as a duty resulting from their said 
office, trust and station to appoint a County Horticultural Commissioner 
of the county of Fresno, State of California. 

13. That since said 13th day of December, 1909, and before the mak- 



STATUTES, ETC.. RELATING TO HORTICULTURE. 65 

ijig and filing of this petition, petitioner has demanded of said Board of 
KSupervisors of the county of Fresno, State of California, and of said 
defendants Thomas Martin, M. D. Huffman, Chris Jorgensen, J. B. 
Johnson and W. D. Mitchell, as members of said Board of Supervisors, 
that they proceed to the performance of their said duty and appoint a 
Horticultural Commissioner of said county of Fresno, State of Califor- 
nia, but to appoint said Horticultural Commissioner said defendants and 
each and all of them have refused and do still refuse. 

14. That petitioner is entitled by right to be appointed Horticultural 
Commissioner of the county of Fresno, State of California, and peti- 
tioner is the party beneficially interested in this application and in the 
appointing of such Horticultural Commissioner of the county of Fresno, 
State of California. 

15. That petitioner has no plain, speedy and adequate remedy in the 
ordinary course of law. 

And as conclusions of law from the foregoing facts, the court finds 
and declares. 

1. That petitioner is entitled to all the relief demanded in his said 
petition and is entitled to the order and judgment of this court. 

That a peremptory writ of mandate under the seal of this court, issue 
to the said defendants, the Board of Supervisors of the county of Fresno. 
State of California, and Thomas Martin, M. D. Huffman, Chris Jorgen- 
sen, J. B. Johnson and W. D. Mitchell, as members of said Board of 
Supervisors, requiring and commanding them that they do immediately 
proceed to appoint a Horticultural Commissioner of the county of 
Fresno, State of California, and to appoint petitioner F. C. Schell to be 
such Horticultural Commissioner. 

Let judgment be entered accordingly. 

Dated: June 15, 1910. 

H. Z. xVUSTIN, 
Judge of said Superior Court. 



5— HS 



66 STATUTES, ETC., RELATING TO HORTICULTURE. 



OfflCIAL OPINION Of THE AHORNEY GENERAL 



ERADICATION OF NOXIOUS WEEDS ON THE PUBLIC HIGHWAYS. 

San Francisco, November 28, 1910. 
J . W. Jeffrey, Esq., State Commissioner of Horticulture, Sacramento, Cal. 

Dear Sir : Your favor of July 11, 1910, received. Therein you submit the fol- 
lowing questions : 

1. "Who is responsible for the removal of a weed nuisance from a public high- 
way under section 2322fl, the supervisor-overseer or the abutting property owner, 
assuming the roadway is of the ordinary type of easement for road purposes — or 
county road? 

2. If the abutting property is responsible, there is no further question as to pro- 
cedure. But if the supervisor or overseer is responsible under section 2322o, then 
upon whom should the notice to abate be served? 

3. If notice is duly served upon the supervisor or overseer and is ignored, and the 
work is done as a county charge in accordance with the section, are the supervisors 
obliged to pay the bill? 

4. If the bill is paid from the general county fund, can a lien be placed against 
the right of way so the road district fund involved could be made to bear the 
expense?" 

Section 2322a of the Political Code, in its main provisions, is not intended to 
apply to the situation which you present. The owner of the easement of the high- 
way is the county. It is the duty of the county road overseer, under section 2645 of 
the Political Code, to remove any weed nuisance therein. If he neglects his duty, it 
is within your authority to remove such weed nuisance, as section 2322a of the Polit- 
ical Code gives you the authority to abate nuisances, and section 3494 of the Civil 
Code provides that a public nuisance may be abated by any oflScer authorized thereto 
by law. 

Therefore, the county horticultural commissioners have authority to abate these 
nuisances, either with or without first giving notice to the road overseer. 

No lien may be filed against a right of way belonging to the county, so that a road 
district fund may be involved to bear the expense, without express authority there- 
for, and there is no express authority therefor. 

The county must bear the expense of the abatement. 
Very truly yours, 

U. S. WEBB, Attorney General. 
By R. C. Van Fleet, Deputy. 



STATUTES, ETC., RELATING TO HORTICULTURE. 67 



COUNTY ORDINANCES REUTING TO HORTICULTURE. 



BUTTE COUNTY. 

Ordinance No. 245 — An ordinance relating to the horticultural interests of 

Butte county. 

The hoard of supervisors of Butte county, State of California, do 

ordain as follows: 

Section 1. No person or persons, either as owner, agent, servant or 
employee, shall bring or cause to be brought into Butte County, State 
of California, from any place, district, county, state or foreign country, 
any trees, vines or shrubs, scions, buds, grafts, roots, plants, flowers 
or vegetables or fruit or fruit pits, without giving notice of their 
arrival at their destination within twenty-four hours thereafter, to a 
member of the board of horticultural commissioners of said Butte 
County or the local inspector of the district into which they are brought. 

Sec. 2. No person or persons, either as owner, agent, servant or 
employee, shall keep in store, plant, sell or expose for sale, give away 
or otherwise distribute any of the articles mentioned in section one (1) 
of this ordinance, or cause or permit the same to be stored, planted, 
sold, exposed for sale, given away or otherwise distributed, whether said 
articles were brought into said county of Butte, State of California, 
or were raised or grown in said county, if they are infested with any 
insect pest or their eggs, larvae or pupge or have any disease or fungus 
detrimental or injurious to vines or fruit trees or the product thereof, 
or to plant life ; nor until they shall have first been inspected as herein- 
after provided. 

Sec. 3. Whenever any member of the county board of horticultural 
commissioners or any local inspector of said county of Butte, State of 
California, shall receive notice of the arrival at their destination of 
any of the articles enumerated in section one (1) of this ordinance, or 
that any of such articles raised or grown in said Butte County are 
ready for inspection, he shall (if within his jurisdiction) make a careful 
inspection of the same as promptly as possible, and if they or any 
of them shall be found infested with live scale, or insect pests, or their 
eggs, larvae or pup*, or to have any disease or fungus detrimental or 
injurious to vines or fruit trees or the product thereof, or to plant life, 
such infested or diseased articles shall either be disinfected to the satis- 
faction of the board of horticultural commissioners of said Butte County, 
or local inspector thereof acting under the direction of said board of 
commissioners, and to be held in quarantine until free from said scale, or 
insect pests, or their eggs, larvae or pupte, and from disease or fungus, or 
shall be destroyed under the direction of said board of commissioners 
or local inspector at the risk and expense of the owner, agent or shipper 



(i8 STATUTES. KTC, RELATING TO HORTICULTURE. 

thereof. Whether such infested or diseased articles be disinfected or 
((uarantined or ))e destroyed, shall be wholly within the control and 
under the judgment of the board of horticultural commissioners of 
said county of Butte, State of California, except in the case of infested 
fruit, and they shall so order as in their judgment may be deemed best 
for the horticultural interests of the county. The owner, agent or 
shipper shall have the right to elect to remove infested fruit from the 
county within twenty-four (24) hours after having been notified in 
writing by a horticultural commissioner or a local inspector of said 
county that it is infested, or to have the same disinfected or destroyed 
as above provided ; but he shall make his decision as soon as notified and 
inform the inspector whether or not he will remove the fruit. 

Sec. 4. Whenever any member of the county board of horticultural 
(•ommissioners of the county of Butte, State of California, or a local 
inspector thereof acting under the direction of said commissioners shall 
deem it necessary for the safety of horticultural interests of the county, 
he may hold in quarantine for information, subsequent inspection or 
disinfection and final order relative thereto, any of the articles enumer- 
ated in section one (1) of this ordinance whether grown or raised in 
this county or not for such time as in his judgment may be deemed 
by him necessary, and such articles so placed in quarantine shall not 
l)e removed from the place of quarantine during the time specified by 
the commissioner or inspector for said quarantine. 

Sec. 5. Whenever any trees, vines, shrubs, scions, cuttings, roots, 
plants or fruit pits brought into Butte County, State of California, 
shall upon inspection by any member of the county board of horticul- 
tural commissioners be found to have been shipped from any place, 
district, state or foreign country where peach yellows, peach rosette, 
phylloxera, red spider of the orange {Tetranyckus myfilaspidis) or 
white fly (Aleyrodes citri), exists, if, in the judgment of the commis- 
sioners, danger may be justly apprehended of their introduction, or of 
the introduction of either of them upon the articles so brought into said 
Butte County, then all such articles are hereby declared a nuisance and 
shall be destroyed under the direction of said horticultural commission- 
ers of said Butte County at the expense of owner, agent or shipper 
thereof. 

Sec. 6. Any person or persons who shall ship or bring or cause to 
l)e shipped or brought into the county of Butte, State of California, 
any trees, vines, scions, cuttings, buds, grafts, shrubs, plants, flowers, 
vegetables, fruit or fruit pits, or roots for planting or grafting, shall 
liave placed upon or securely attached to each box, package or separate 
parcel of such articles a distinct mark or label showing the name of 
the grower, and of the place, district, county or state in the United 
States or in a foreign country where grown, and also such further 
marks or labels as the board of horticultural commissioners of said 
Butte County may require, to determine the liability of said articles 
to convey insect pests or diseases endangering the horticultural interests 
of the county. 



STATUTES. ETC.. RELATING TO HORTICULTURE. 69 

Sec. 7. The owner or person in charge of or in possession of any 
orchard, nursery or other premise in the county of Butte, State of Cali- 
fornia, in or on which are growing any trees, plants, shrubs, vines, 
flowers, or vegetables, shall not allow any person to bring into his 
orchard, nursery or other premises, any box, basket, picking-sack (or 
leaves or other contents of the same), ladder or other article to convey 
injurious insects and which has been used in picking or in conveying 
fruit from any orchard, district, or neighborhood where injurious 
insects are known to exist unless such article has been disinfected to 
the satisfaction of a horticultural commissioner of said Butte County or 
the local inspector of the district into which said article is brought. 
Said owner or person in charge or in possession of said orchard, nursery 
or other premises shall report within twenty-four (24) hours thereafter 
to the local inspector in charge of that district, or to a horticultural 
commissioner of the county whenever he or any person in his employ, 
or on his premises shall find any white fly {Aleyrodes citri), red, purple, 
yellow, cottony cushion, pernicious or other dangerous scale on any 
fruit tree plant, vine, flower or vegetable on said premises ; and shall 
keep the same a reasonable time safe from danger of distributing the 
pest for the inspection and attention of a horticultural commissioner 
or a local inspector of the said Butte County. All persons picking fruit 
in said county of Butte, State of California, shall report at once to the 
owner or person in charge or in possession of the premises on which the 
fruit is growing whenever they find any scale or other insect pest on 
the fruit they are picking. All packers of fruit and persons in charge 
of the packing of fruit and all dealers in fruit in said county of Butte, 
State of California, shall report within twenty-four hours thereafter 
to the local inspector of the district in which they are packing or doing 
business, or to a horticultural commissioner of said county, whenever 
they, or any person in charge or in their employ, shall find any fruit 
infested with any scale or other injurious insect pest; and shall kee]) 
the same a reasonable time safe from danger of distributing the pest, 
for the inspection and attention of a horticultural commissioner or local 
inspector of said Butte County. 

Sec. 8. It shall be the duty of the board of horticultural commis- 
sioners of said county of Butte, State of California, to enforce the 
provisions of this ordinance and for such purposes they may make such 
rules and regulations as in their judgment are necessary to make this 
ordinance effective. The board of horticultural commissioners of the 
said county of Butte, State of California, shall render to the board of 
supervisors of the said county monthly, on the first JNIonday of each 
and every month, a statement of all expenditures and receipts under 
the provisions of this section of this ordinance, and shall deposit with 
treasurer of the said county, monthly, all funds received for the use 
of the fumigating outfits and file with the monthly statement to the 
supervisors of said county the receipts of the treasurer of said ccmnty 
for the same. 

Sec. 9. Any person violating any of the provisions of this ordinance 



70 . STATUTES, ETC., RELATING TO HORTICULTURE. 

shall be guilty of a misdemeanor and on conviction thereof shall be 
punished by imprisonment in the county jail of Butte County for a 
term of not les,s than ten days and not more than one hundred days, or by 
a fine of not less than ten dollars and not more than one hundred dollars, 
or by both such fine and imprisonment. 

Sec. 10. This ordinance shall take effect and be in force fifteen days 
after its passage. 

Passed on the 12th day of December, 1908, by the following vote: 
Ayes — Porter, Wilson and Rutherford. Noes — None. Absent — Brown 
and Shirley. 

W. D. Rutherford, 
Chairman of the Board of Supervisors. 

Attest : H. T. Batchelder, 

Clerk of the Board of Supervisors. 

HUMBOLDT COUNTY. 

Ordinance No. 50 — An ordinance for the regulation of the sale of fruits and 

fruit trees. 

The hoard of supervisors of the comity of Humboldt do ordain as 

foUotvs : 

Section 1. It is hereby made unlawful for any person, partnership 
or corporation to import into the county of Humboldt, any fruit, fruit 
trees, or vines infested with San Jose scale or codling-moth. 

Sec. 2. It is hereby made unlawful for any person, partnership or 
corporation, to sell, retail, or give away, within the corporate limits of 
the county of Humboldt, any fruit, fruit trees or vines, infested with 
San Jose scale or codling-moth. 

Sec. 3. Any person, partnership, or corporation violating any of the 
provisions of sections one and two of this ordinance shall be guilty of a 
misdemeanor, and upon conviction thereof shall be subject to a fine not 
exceeding one hundred dollars. 

Sec. 4. It shall be the duty of the county commissioners of horticul- 
ture to inspect all fruit, fruit trees and vines imported into the county 
of Humboldt, and, if found infested with San Jose scale or codling- 
moth, immediately to notify the owners or those in possession thereof 
to destroy, disinfect or dispose of the same in such manner as said com- 
missioners may direct. 

Sec. 5. Any person, partnership or corporation of the county of 
Humboldt, that refuses to permit the county commissioners of horticul- 
ture to inspect all fruits, fruit trees and vines in possession of said per- 
sons, partnership or corporation, and that refuses or neglects to destroy, 
disinfect or dispose of such fruit, fruit trees or vines, when found 
infested with San Jose scale or codling-moth, in accordance with the 
directions of the commissioner inspecting the same, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be subject to a fine not 
exceeding one hundred dollars. 

Sec. 6. This ordinance shall take effect and be in force from and 
after the 23d day of November, 1893. 



STATUTES, ETC., RELATING TO HORTICULTURE. 71 

On motion of Supervisor Moore, seconded by Supervisor Scott, the 
foregoing ordinance was adopted, Supervisors Moore, Scott, Hill, 
Swortzel, and Mercer voting in favor thereof, and uo one voting against 
the same. 

Further ordered, that the foregoing ordinance be published in the 
' ' Daily Humboldt Times, ' ' for at least ten days preceding the 23d day 
of November, 1893. 

H. M. Mercer, 

Chairman of Board of Supervisors. 

Ordinance No. 60 — An ordinance to prevent the spread of noxious insects in 

Humboldt county. 

The hoard of supervisors of Humholdt county do ordain as follows, 

to wit: 

Section 1. Every person who shall sell, buy, expose for sale, give 
away or distribute, to be used in the county of Humboldt, any fruit 
of any kind infested with codling-moth or scale insects, their eggs or 
larvge, or who shall import or bring the same into the county of Hum- 
boldt, shall be guilty of a misdemeanor, and shall be punishable by 
fine not exceeding fifty dollars, or by imprisonment not exceeding fifty 
days, or by both such fine and imprisonment. 

Sec. 2. It shall be the duty of the county board of horticultural 
commissioners, and of each member thereof, to investigate violations 
of this ordinance and institute prosecutions therefor. 

The ordinance shall take effect on July 25th, 1898. 

On motion of Supervisor Pine, seconded by Supervisor Scott, the 
foregoing ordinance was adopted. Supervisors Pine, Scott, Swortzel, 
Clark, and McLeod voting in favor thereof, and no one voting against 
the same. 

Further ordered, that the foregoing ordinance be published in 
the "Ferndale Enterprise," "Eel River Valley Advance," "Areata 
Union," and "Humboldt Weekly Standard" for at least one week pre- 
ceding the 25th day of July, 1898. 

W. J. Swortzel, 

Chairman of Board of Supervisors. 

Note. — Ordinance No. 50, as you will notice, was passed in 1893, at 
which time the state law probably did not cover all the points involved. 

Ordinance No. 60 was intended to prevent the transportation and 
peddling of infected fruit within the county itself. The fruit areas 
here are widely separated, the climatic conditions in the more remote 
ones being most favorable to the development of injurious insects. 

J. E. Janssen, 

Secretary, Board of Horticultural Commissioners. 



72 STATUTES. ETC., RELATING TO HORTICULTURE. 

IMPERIAL COUNTY. 

Ordinance No. 7B — An ordinance to promote the horticultural interests of 
Imperial county, California, and providing for the inspection and destruc- 
tion of insect pests, and providing restrictions upon the importation of 
cuttings, fruit, etc., and providing punishment for the violation thereof. 

The hoard of supervisors of Imperial county. State of California, cio 

ordain as follows: 

Section 1. No person or persons, firm or corporation, either as 
owner, ag'ent, factor, broker, servant, or other employe, shall bring- for 
delivery or cause to be brought for delivery, into the county of Imperial, 
from any other place or places without said county of Imperial, any trees; 
plants, vines, shrubs, scions, cuttings, buds or grafts, fruit, boxes, lad- 
ders, props, picking sacks, tools or other appliances which have been 
used in orchards or in connection with the handling or transportation 
of trees, plants, vines, shrubs, scions, cuttings, buds or grafts, without 
ofiving written notice of their arrival at their destination within 
twenty-four hours thereafter, and prior to their removal from said 
point of destination, to the horticultural commissioners of said county, 
or to the local inspector of the district into which the same are brought ; 
nor shall either the persons, parties or corporations above named re- 
move the same from the place of their destination until inspected as 
hereinafter provided. 

Sec. 2. Any person or persons, corporation or corporations, men- 
tioned in Section 1 of this ordinance, who shall ship or bring, or cause 
to be shipped or l>rought into Imperial County, California, any trees, 
cuttings, buds, grafts, shrubs, fruit or plants, shall have placed upon 
or securely attached to each package, box, or separate parcel of such 
articles a distinct mark or label showing the name of the agent, owner, 
or shipper, the name of the grower, and the place where grown. 

Sec. 3. Upon receiving the notification mentioned in section 1 
hereof, or any other information, of such importation, the horticultural 
commission, or the local inspector receiving the same, shall, as soon 
thereafter as practicable, carefully inspect the article, reference to 
which notice was served or information received. If it appears that 
the importation is of shrubs, scions, cuttings, grafts, or buds, and that 
the same were grown outside of the State of California infested with 
the white fiy {Aleyrodes citri) , red spider {Tetranychus mytUaspidis) , 
red scale {AspicUotus aurantii), yellow scale {Aspidiotus citrinus), 
purple scale {MytUaspidis citricola), or any other injurious insects, not 
prevalent, it shall be the duty of the horticultural commission to at once 
cause the same to be destroyed. If it appears that the importation is 
of boxes, ladders, props, picking sacks, tools or other appliances which 
have been used in orchards or in connection with the handling or trans- 
portation of trees, plants, vines, shrubs, scions, cuttings, buds, fruit or 
grafts from any place infected with the white fly, red spider, red scale, 
yellow scale or purple scale, or if it shall appear that the transportation 
of the same is from one district which is infected with the red spider, red 
scale, yellow scale or purple scale, or any other injurious insect within 



STATUTES, ETC., RELATING TO HORTICULTURE. TS 

said county to another district within said county, then it shall be the 
duty of the horticultural commission to cause the same to be disinfected 
by a thorough fumigation with cyanide of potassium. 

Sec. 4. If it shall appear that the importation, notice of which is 
required to be given by section 1 hereof, consists of grapevines, scions, 
rootings, grafts, buds or cuttings, from any grapevine grown in or 
shipped from any infested district shall immediately be destroyed. 

Sec. 5. It shall be unlawful to sell any vines, cuttings, rootings, 
grafts, scions or buds imported from any district, except upon the writ- 
ten permit of the board of horticultural commissioners, stating that 
said plants have been inspected and treated as hereinbefore provided, 
and that the same did not come from any infested district and are free 
from insect pests. 

Sec. 5a. It shall be unlawful for any person, firm, company or cor- 
poration, etc., to import into Imperial County, any vines, shrubs, scions, 
cuttings, grafts, buds, citriLS trees, scions or buds, from north of the 
north line of San Luis Obispo, Kern, and San Bernardino counties, of 
the State of California, or from the states of Florida or Louisiana. 

The provisions of this section do not apply to shipments from aii\- 
law^fully authorized state farm or agricultural school, or United States 
experiment station, or agricultural school or college. 

Sec. 6. The horticultural commission shall adopt such rules in rela- 
tion to the application for permits provided for in the preceding sec- 
tions as in their judgment may be necessary. 

Sec. 7. Every person who shall violate any of the provisions of this 
ordinance shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished by a fine of not more than five hundred 
dollars, or by imprisonment in the county jail not exceeding six months. 
or by both such fine and imprisonment. 

Sec. 8. All ordinances and parts of ordinances in conflict herewith, 
are hereby repealed. 

Sec. 9. This ordinance shall take effect and be in force on cUid after 
the 19th day of March, 1909, and a copy thereof shall be printed and 
published in the "Imperial Valley Press," a newspaper printed and 
published in said Imperial County, for one issue before said date. 

Passed, approved and adopted this 2d day of March, 1909. 

R. H. Clark, 

Chdiruuin HoiirtJ of Siipcrrisors of fvipcritil 
County, State of Cnlifornia. 

The above ordinance was adopted by the following vote : Ayes — Su- 
pervisor McHarg, voting yes ; Supervisor Clark voting yes ; Supervisor 
Webster voting yes ; Supervisor Wade voting yes ; Supervisor Fergus- 
son voting yes. 

Attest my hand and seal of the board of supervisors of l)nporial 
County, thi"^ 2d day of March, 1909. 

D. S. Elder, 

Cicik of the Boa id of Supervisors of luipcrinl 
County, State of California. 



'74 STATUTES, ETC., RELATING TO HORTICULTURE. 

Ordinance No. 16 — An ordinance prohibiting the importation of Johnson grass 
and other noxious weeds; providing means for the eradication thereof 
when found in Imperial County; and providing punishment for the viola- 
tion thereof. 

The hoard of supervisors of the county of Imperial do ordain as follows: 

Section 1. No person or persons, firm or corporation, either as 
owner, agent, factor, broker, servant or other employe shall bring for 
delivery or sale, or cause to be brought for delivery or sale into the 
county of Imperial, any seeds or plants of Johnson grass, Russian thistle, 
Canada thistle, or any other noxious weed, seed or plants, or shall 
import any hay or grain or any field products from any section known 
to be infested with such noxious weeds, or transfer any hay, grain or 
other field product containing Russian thistle, Canada thistle, Johnson 
grass, or other noxious weeds or the seeds of any of the same, from one 
field or farm on to another field or farm within this county. 

Sec. 2. If it shall be proven to the horticultural commission that 
there are any lands within the county of Imperial infested with Johnson 
grass, Russian thistle, Canada thistle, or any other noxious weeds or 
grasses, then the horticultural commission shall give the party or parties 
owning or controlling said land notice to immediately take steps to 
destroy said noxious weeds ; and if said party whose land is infested with 
said noxious weeds, grasses and plants shall refuse or neglect to destroy 
said weeds, then it shall become the duty of the horticultural board to 
declare such noxious weeds, grasses and plants a nuisance, and the said 
horticultural board shall proceed to destroy said noxious weeds, plants 
and grasses at the expense and cost of the owner of the infested land. 

Sec. 3. If any person or persons, agents or lessors, owning or con- 
trolling any lands known to be infested with any noxious weeds, grasses 
or plants, as before mentioned, shall in any way interfere with the hor- 
ticultural commissioners in their efforts to eradicate such weeds, grasses 
or plants, or shall violate the first section of this ordinance they shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not more than five hundred dollars, or by 
imprisonment in the county jail for a period not exceeding six months, 
or by both such fine and imprisonment. 

Sec. 4. This ordinance shall take effect and be in force on and after 
the 24th day of September, 1908, and a copy hereof shall be printed and 
published in the "Imperial Valley Press," a newspaper printed and 
published in said Imperial County, for one week before said date. 

Passed, approved and adopted this 8th day of September, 1908. 

(Signed) F. S. Webster, 

Chairman of Board of Supervisors of Imperial 
Comity, California. 

The foregoing ordinance was passed by the following vote : 
Ayes — Supervisors Webster, Ferguson, Clark, Wade, and McHarg. 
Noes — None. 

Attest: (Signed) D. S. Elder, 

Clerk of the Board of Supervisors. 



STATUTES, ETC., RELATING TO HORTICULTURE. 75 

KINGS COUNTY. 

Ordinance No. 40 — An ordinance for the protection of horticulture, and to pre- 
vent the introduction into the county of Kings of insects or diseases 
injurious to vines or vegetables, and to provide for a quarantine for the 
enforcement of this ordinance. 

Ihe hoard of supervisors of the county of Kings do ordain as follows: 

Section 1. It is hereby declared unlawful for any person or persons 
or association or corporation to ship or bring into the county of Kings 
vines of any variety from any point or place within the State of Cali- 
fornia north of the northern boundary of Madera County or south of 
Caliente, in Kern County, and it shall be unlawful for any person or 
persons, association or corporation within the county of Kings, to buy. 
or receive within the county of Kings vines of any variety grown or 
raised at any point or place in the State of California, lying and being 
north of the boundary of said Madera County or south of Caliente, in 
said Kern County. 

Second — It is hereby made the duty of, and the horticultural commis- 
sion of the county of Kings are hereby instructed to inspect all vines 
brought into the county of Kings from any and all points outside of the 
territory of the said county of Kings, and to diligently prosecute any 
and all persons guilty of a violation of this ordinance and to take all 
lawful and necessary means to full}^ enforce the same. 

Any person or corporation violating the provisions of this ordidance 
is guilty of a misdemeanor. 

This ordinance shall take effect and be in force from and after the 
26th day of February, 1900. 

The foregoing ordinance adopted by said board of supervisors on 
this 9th day of February, 1900, by the follo^^^ng vote, to wit: 

Ayes — McJunkin, Chittenden, McLaughlin, Tomer, and Burr. 

J. T. McJunkin, 

Chairman of Board of Supervisors. 

Ordinance No. 66 — An ordinance to provide for the prevention of the introduc- 
tion and spread of phylloxera, the mysterious vine disease known as Ana- 
heim, and all other diseases of grapes and grapevines, in the county of 
Kings, State of California. 

Th( hoard of supervisors of the county of Kings, Staie of California, 

do ordain as follows: 
Section 1. It shall be unlawful for any person, persons, firm, or cor- 
poration, either as owner, agent, factor, broker, servant, employe, com- 
mon carrier, or otherwise, to import, ship, or in any way bring, or 
convej'^ or cause to be brought or conveyed, into the county of Kings, 
State of California, any grapevine, grapevine root, grapevine rootling, 
or grapevine scion, cutting or limb, or any variety or species whatever, 
or to have or receive in said county of Kings, either as owner, agent, 
factor, broker, servant, employe, common carrier, consignee, or other- 
wise, any grapevine, grapevine root, grapevine rooting or grapevine 
scion, cutting or limb, imported, shipped or in anywise brought or con- 



76 STATUTES, ETC., RELATING TO HORTICULTURE. 

veyed into said county of Kings from any place outside of said county, 
without complying' with each and all of the provisions and restrictions 
provided and specified in this ordinance. 

Sec. 2. Any and all grapevines, grapevine roots, grapevine rootings 
and grapevine scions, cuttings and limbs in any way imported, shipped, 
conveyed or brought into said county of Kings from any place outside 
of said county, not in accordance with the provisions and restrictions 
of this ordinance are hereby declared to be nuisances, and the board of 
horticultural commissioners of said county of Kings are hereby author- 
ized to destroy the same and to abate such nuisances, and to do any 
and all things necessary or proper to carry the provisions of this ordi- 
nance into effect. 

Sec. 3. It shall be unlawful for any person, persons, firm, or cor- 
poration, either as owner, agent, factor, broker, servant, common car- 
rier, consignee, or otherwise, to import, ship, or in any way bring or 
convey into said county of Kings any grapevine, grapevine root, grape- 
vine rootling", or grapevine scion, cutting or limb, that is in any way 
affected by or infested with either phylloxera or the mysterious vine 
disease known as Anaheim, or which has been grown in, or taken from 
anj^ nursery, or vineyard, or place, or neighborhood where either 
phylloxera or said mysterious disease of the vine known as Anaheim 
exists, or shall hereafter exist ; and every person, firm, corporation or 
association of persons, before importing, shipping, or in any way bring- 
nig or conveying into said county of Kings from any place without said 
county, any grapevine root, or grapevine rootling, shall make, execute 
and give to said county of Kings a good and sufficient bond, with two 
sufficient sureties, in the penal sum of five thousand dollars, conditioned 
for the due and faithful compliance with all of the provisions and restric- 
tions of this section of this ordinance, so far as they relate to the import- 
ing, shipping, bringing and conveying into said county of Kings of 
grapevines, grapevine roots, grapevine rootlings, grapevine scions, cut- 
tings and limbs, which bond shall be approved by said board of super- 
visors, and shall be filed with the clerk of said board ; and any bond 
given under the provisions of this section shall cover all grapevine, 
grapevine roots, grapevine rootlings, grapevine scions, limbs or cuttings, 
imported, shipped or in any way brought or conveyed into said county 
of Kings by the person, firm, corporation or association of persons giving 
the same for the period of four years from and after the time of filing 
the same with said clerk; and on the expiration of any period covered 
by any such bond, a new bond in the same form, for the same amount, 
and conditioned as aforesaid, shall be given by such person, firm, cor- 
poration, or association of persons before importing, shipping, bringing 
or in any way conveying into said county of Kings, any more or other 
grapevines, grapevine roots, grapevine rootlings, grapevine scions, limbs 
or cuttings. 

Sec. 4. Any person, firm, corporation, common carrier or association 
of persons, that shall receive in said county of Kings, or shall bring or 
convey, or cause to be brought or conveyed, into said county of Kings, 



STATUTES, ETC., RELATING TO HORTICULTURE. I i 

whether as owner, agent, broker, factor, servant, employee, consignee, 
common carrier or otherwise, any grapevine, grapevine root, grapevine 
i-ootling, or grapevine scion, cutting, or limb, from any place outside of 
said county of Kings, shall, within twenty-four hours after the arrival 
of the same, notify or cause to be notified, a horticultural commissioner 
of said county of King's of such arrival, and the place in said county of 
Kings where the same has arrived, and shall safely hold the same with- 
out any unnecessary moving, and without planting the same, and with- 
out placing the same where they can become harmful or injurious, for 
a reasonable time, for inspection by the horticultural commissioners of 
said county of Kings, or by some inspector or person authorized by 
said horticultural commissioners to inspect the same ; and the said board 
of horticultural commissioners are hereby authorized to inspect, or 
to cause to be inspected, all such grapevines, grapevine roots, grapevine 
rootlings, and grapevine scions, cuttings and limbs in any way brought 
mto said county of Kings from any place outside of said county of 
Kings; and if on such inspection any of the same shall be found to be 
affected with any infectious or contagious disease, or infested with any 
injurious insects, or their eggs, iarvjB, or pupae, or if reasonable ground 
or cause be found to presume that any of the same is so diseased or so 
infested, the said board of horticultural commissioners are hereby 
authorized to do any and all things which in their judgment may be 
necessary or proper to disinfect the same, and to eradicate such disease, 
and to destroy such insects, eggs, larvae, and pupae, and to prevent the 
introduction or spread of such disease or insects in said county of Kings ; 
and if in their judgment it is necessary to destroy the whole or any 
portion of any shipment, crate, or package, or bundle of grapevines, 
grapevine roots, grapevine rootlings, or grapevine scions, cuttings, limbs, 
among which any such disease or infection is found, or reasonable 
cause or ground found to presume that such disease or infection exists, 
for the puri^ose of preventing the introduction or spread of such dis- 
ease, infection, or insects, in said county, the said horticultural com- 
missioners are hereby authorized to destroy the same. 

Sec. 5. It shall be unlawful for any person, firm, corporation, or 
association of persons, either as owner, agent, broker, factor, servant, 
employee, consignee, common carrier, or otherwise, to deliver, remove 
from the place of arrival, plant, or put in any place where the same 
may become harmful or injurious, any grapevine, grapevine root, grape- 
vine rootlings, or grapevine scion, cutting or limb, imported or in any 
way brought into the said county of Kings, until the same has been 
inspected, or caused to be inspected, by said horticultural commissioners 
as herein provided, and found upon such inspection to be free and 
clear of all contagious and infectious diseases, and free and clear of 
all injurious insects, their eggs, larva\ and pupa", and free from all 
reasonable ground and cause to presume the same affected with any .such 
disease, or infested with any such insects, their eggs, larvae, or pup^e ; 
init the restrictions of this section shall not apply in any case where 
said horticultural commissioners shall refuse to make an inspection, or 



16 STATUTES, ETC., RELATING TO HORTICULTURE. 

cause an inspection to be made, or shall fail or neglect to make an 
inspection, or to cause an inspection to be made, within a reasonable 
time after receiving notice of arrival as herein provided, and in no case 
shall a reasonable time to make such inspection be construed to be less 
than five days from and after receipt of such notice of arrival. 

Sec. 6. Any person, persons, firm, or corporation, or association 
of persons, violating any of the provisions of this ordinance, or doing 
any act herein declared to be unlawful, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by fine not exceeding 
five hundred dollars, or by imprisonment in the county jail not exceed- 
ing six months, or by both such fine and imprisonment, at the discretion 
of the court. 

Sec. 7. This ordinance shall take effect and be in force from and 
after the 13th day of February, 1907, and shall be published prior 
thereto for one week in the "Hanford Journal," a semi-weekly news- 
paper of general circulation, printed and published in said county of 
Kings, and that certain ordinance numbered 43, adopted by said board 
of supervisors, on the eighth day of February, 1901, is hereby repealed. 

The foregoing ordinance is adopted by said board of supervisors of 
the county of Kings, State of California, this 28th day of January, 1907, 
by the following vote, to wit: Ayes — J. E. Hall, G. E. Shore, W. S. 
Burr, A. F. Smith, L. Y. Montgomery. Noes — None. 

W. S. Burr, 

Chairman of the Board of Supervisors of the 
County of Kings, State of California^ 

Ordinance No. 69 — An ordinance to provide for the prevention of tlie introduc- 
tion and spread of any and all diseases of peaches, apricots and nec- 
tarines; peach trees, apricot trees and nectarine trees, in the county of 
Kings, State of California. 

The hoard of supervisors of the county of Kings, State of California, do 

ordain as follows: 
Section 1. It shall be unlawful for any person, persons, firm or 
corporation, either as owner, agent, factor, broker, servant, employee, 
common carrier, or otherwise, to import, ship or in any way bring or 
convey, or cause to be brought or conveyed, into the county of Kings, 
State of California, any peach tree, peach tree pits, peach tree scion, 
peach tree buds, peach tree grafts, or peach tree seedlings ; or any apricot 
tree, apricot tree pits, apricot tree scion, apricot tree buds, apricot tree 
grafts, or apricot tree seedlings; or nectarine tree, nectarine tree pits, 
nectarine tree scion, nectarine tree buds, nectarine tree grafts, or nec- 
tarine tree seedlings of any variety or species whatever, or to have or 
receive in said county of Kings, either as owner, agent, factor, broker, 
servant, employee, common carrier, consignee, or otherwise, any peach 
tree, peach tree pits, peach tree scion, peach tree buds, peach tree grafts, 
or peach tree seedlings ; or any apricot tree, apricot tree pits, apricot 
tree scion, apricot tree buds, apricot tree grafts, or apricot tree seed- 
lings ; or nectarine tree, nectarine tree pits, nectarine tree scion, nec- 
tarine tree buds, nectarine tree grafts, or nectarine tree seedlings, 



STATUTES, ETC., RELATING TO HORTICXJLTUEE. 79 

imported, shipped, or in any wise brought or conveyed into said county 
of Kings, from any place outside of said county of Kings, without com- 
plying with each and all of the provisions and restrictions provided and 
specified in this ordinance. 

Sec. 2. Any and all peach trees, peach tree pits, peach tree scion, 
peach tree buds, peach tree grafts, or peach tree seedlings; or any 
apricot tree, apricot tree pits, apricot tree scion, apricot tree buds, 
apricot tree grafts, or apricot tree seedlings ; or nectarine tree, nectarine 
tree pits, nectarine tree scion, nectarine tree buds, nectarine tree grafts, 
or nectarine tree seedlings in any way imported, shipped, conveyed or 
brought into said county of Kings, from any place outside of said county 
of Kings, not in accordance with the provisions and restrictions of this 
ordinance, are hereby declared to be nuisances, and the board of horti- 
cultural commissioners of said county of Kings are hereby authorized 
to destroy the same and to abate such nuisances, and to do any and all 
things necessary or proper to carry the provisions of this ordinance into 
effect. 

Sec. 3. It shall be unlawful for any person, persons, firm or corpora- 
tion, either as owner, agent, factor, broker, servant, common carrier, 
consignee or otherwise, to import, ship or in any way bring or convey 
into said county of Kings, any peach tree, peach tree pits, peach tree 
scion, peach tree buds, peach tree grafts, or peach tree seedlings ; or any 
apricot tree, apricot tree pits, apricot tree scion, apricot tree buds, 
apricot tree grafts, or apricot tree seedlings ; or nectarine tree, nectarine 
tree pits, nectarine tree scion, nectarine tree buds, nectarine tree grafts, 
or nectarine tree seedlings that is or are in any way affected by or 
infested with any infectious or contagious diseases, or affected or infested 
with any injurious insects, or their eggs, or larvae, or pupae injurious to 
peach trees, peach tree pits, peach tree scion, peach tree buds, peach tree 
grafts, or peach tree seedlings; or any apricot tree, apricot tree pits, 
apricot tree scion, apricot tree buds, apricot tree grafts, or apricot tree 
seedlings; or nectarine tree, nectarine tree pits, nectarine tree scion, 
nectarine tree buds, nectarine tree grafts, or nectarine tree seedlings of 
any variety, or which has been grown in, or taken from any nursery or 
orchard or place or neighborhood where any infectious or contagious 
disease, or any injurious insects or their eggs, or larvse, or pup^e exists, 
or shall hereafter exist, and every person, firm, corporation or associa- 
tion of persons before importing, shipping or in any way bringing or 
conveying into said county of Kings, from any place without said county, 
any peach tree, peach tree pits, peach tree scion, peach tree buds, peach 
tree grafts, or peach tree seedlings ; or any apricot tree, apricot tree pits, 
apricot tree scion, apricot tree buds, apricot tree grafts, or apricot tree 
seedlings ; or nectarine tree, nectarine tree pits, nectarine tree, scion, 
nectarine tree buds, nectarine tree grafts, or nectarine tree seedlings, 
shall make, execute and give to said county of Kings a good and sufficient 
bond with two or more sureties in the penal sum of five thousand dollars, 
conditioned for the due and faithful compliance with all the provisions 
and restrictions of this section of this ordinance, so far as thev relate to 



so STATUTES, ETC., RELATING TO HORTICULTURE. 

the importing, shipping', bringing' and conveying into said county of 
Kings, of peach trees, peach tree pits, peach tree scion, peach tree buds, 
peach tree grafts, or peach tree seedlings; or any apricot tree, apricot 
tree pits, apricot tree scion, apricot tree buds, apricot tree grafts, or 
apricot tree seedlings ; or nectarine tree, nectarine tree pits, nectarine 
tree scion, nectarine tree buds, nectarine tree grafts, or nectarine tree 
seedlings of any variety or species of any variety, which bond shall be 
approved by said board of supervisors, and shall be filed with the clerk 
of said board; and any bond given under the provisions of this section 
shall cover all peach trees, peach tree pits, peach tree scion, peach tree 
buds, peach tree grafts, or peach tree seedlings ; or any apricot tree, 
apricot tree pits, apricot tree scion, apricot tree buds, apricot tree 
grafts, or apricot tree seedlings; or nectarine tree, nectarine tree pits, 
nectarine tree scion, nectarine tree buds, nectarine tree grafts, or nec- 
tarine tree seedlings of any variety, imported, shipped or in any way 
brought or conveyed into said county of Kings, by the person, firm, cor- 
poration or association of persons giving the same for the period of 
four 3^ears from and after the time of filing the same with said clerk, 
and on the expiration of any period covered by any such bond, a new 
bond in the same form, for the same amount, and conditioned as afore- 
said, shall be given by such person, firm, corporation, or association of 
persons, before importing, shipping, bringing or in any way conveying 
into said county of Kings, any more or other peach tree, peach tree 
pits, peach tree scion, peach tree buds, peach tree grafts, or peach tree 
seedlings; or any apricot tree, apricot tree pits, apricot tree scion, 
apricot tree buds, apricot tree grafts, or apricot tree seedlings; or nec- 
tarine tree, nectarine tree pits, nectarine tree scion, nectarine tree 
liuds, nectarine tree grafts, or nectarine tree seedlings of any variety 
or species whatever. 

Sec. 4. Any person, firm, corporation, common carrier or associa- 
tion of persons, that shall receive in said county of Kings, or shall bring 
or convey, or cause to be brought or conveyed, into said county of 
Kings, whether as owner, agent, broker, factor, servant, employee, con- 
signee, common carrier or otherwise, any peach tree, peach tree pits, 
peach tree scion, peach tree buds, peach tree grafts, or peach tree seed- 
lings; or any apricot tree, apricot tree pits, apricot tree scion, apricot 
tree buds, apricot tree grafts, or apricot tree seedlings ; or nectarine tree, 
nectarine tree pits, nectarine tree scion, nectarine tree buds, nectarine 
tree grafts, or nectarine tree seedlings of any variety or species whatever, 
from any place outside of said county of Kings, shall, within twenty-four 
hours after the arrival of the same, notify or cause to be notified, a hor- 
ticultural commissioner of said county of Kings of such arrival, and 
the place in said county of Kings where the same has arrived, and shall 
safely hold the same without any unnecessary moving, and without 
planting the same, and without placing the same where they can be- 
come harmful or injurious, for a reasonable time, for inspection by the 
horticultural commissioners of said county of Kings, or by some in- 
spector or person authorized by said horticultural commissioners to 



STATUTES, ETC., RELATING TO HORTICULTURE. 81 

iaspect the same; and the said board of horticultural commissioners 
are hereby authorized to inspect, and to cause to be inspected, all such 
peach trees, peach tree pits, peach tree scion, peach tree buds, peach 
tree grafts, or peach tree seedlings; or any apricot trees, apricot tree 
pits, apricot tree scion, apricot tree buds, apricot tree grafts, or apricot 
tree seedlings ; or nectarine trees, nectarine tree pits, nectarine tree scion, 
nectarine tree buds, nectarine tree grafts, or nectarine tree seedlings of 
any variety or species, from any place outside of said county of Kings, 
shall, within twenty-four hours after the arrival of the same, notify or 
cause to be notified a horticultural commissioner of said county of Kings 
of such arrival, and the place in said county of Kings where the same has 
arrived, and shall safely hold the same without any unnecessary 
moving, and without planting the same, and without placing the same 
where they can become harmful or injurious, for a reasonable time, for 
inspection by the horticultural commissioners of said county of Kings, 
or by some inspector or person authorized by said horticultural com- 
missioners to inspect the same; and the said board of horticultural 
commissioners are hereby authorized to inspect, and to cause to be in- 
spected, all such peach trees, peach tree pits, peach tree scion, peach 
tree buds, peach tree grafts, or peach tree seedlings; or any apricot 
trees, apricot tree pits, apricot tree scion, apricot tree buds, apricot 
tree grafts, or apricot tree seedlings ; or nectarine trees, nectarine tree 
pits, nectarine tree scion, nectarine tree buds, nectarine tree grafts, or 
nectarine tree seedlings of any variety or species whatever, in any way 
brought into said county of Kings from any place outside of said 
county of Kings; and if on such inspection any of the same shall be 
found to be affected with any infectious or contagious disease, or in- 
fested with any injurious insects, or their eggs, larvae, or pupae, or if 
reasonable ground or cause be found to presume that any of the same 
is so diseased or so infested, the said board of horticultural commis- 
sioners are hereby authorized to do any and all things which in their 
judgment may be necessary or proper to disinfect the same, and to 
eradicate such disease, and to destroy such insects, eggs, larvae and 
pupae, and to prevent the introduction or spread of such disease or in- 
sects in said county of Kings; and if in their judgment it is necessary 
to destroy the whole or anj^ portion of any shipment, crate, or package, 
or bundle of peach trees, peach tree pits, peach tree scion, peach tree 
buds, peach tree grafts, or peach tree seedlings ; or any apricot tree, apri- 
cot tree pits, apricot tree scion, apricot tree buds, apricot tree grafts, or 
apricot tree seedlings; or nectarine tree, nectarine tree pits, nectarine 
tree, scion, nectarine tree buds, nectarine tree grafts, or nectarine tree 
seedlings of any variety or species whatever, among which any such dis- 
ease or infection is found, or reasonable cause or ground found to pre- 
sume that such disease or infection exists, for the purpose of preventing 
the introduction or spread of such disease, infection, or insects, in said 
county, the said horticultural commissioners are hereby authorized to 
destroy the same. 

6 — HS 



82 STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 5. It shall be unlawful for any person, firm, corporation, or 
association of persons, either as owner, agent, broker, factor, servant, 
employee, consignee, common carrier, or otherwise, to deliver, remove 
from the place of arrival, plant, or put in any place where the same 
may become harmful or injurious, any peach tree, peach tree pits, peach 
tree scion, peach tree buds, peach tree grafts, or peach tree seedlings; 
or any apricot tree, apricot tree pits, apricot tree scion, apricot tree 
buds, apricot tree grafts, or apricot tree seedlings ; or nectarine tree, 
nectarine tree pits, nectarine tree scion, nectarine tree buds, nectarine 
tree grafts, or nectarine tree seedlings of any variety or species whatever, 
imported or in any way brought into the said county of Kings, until the 
same has been inspected, or caused to be inspected, by said horticultural 
commissioners as herein provided, and found upon such inspection to be 
free and clear of all contagious and infectious diseases, and free and clear 
of all injurious insects, their eggs, larva\ and pupa?, and free from all 
reasonable ground and cause to presume the same affected with any such 
disease, or infested with any such insects, their eggs, larv«, or pup^e; 
but the restrictions of this section shall not apply in any ease where said 
horticultural commissioners shall refuse to make an inspection, or cause 
an inspection to be made, or shall fail or neglect to make an inspection, 
or to cause an inspection to be made, within a reasonable time after 
receiving notice of arrival as herein provided; and in no case shall a 
reasonable time to make such inspection be construed to be less than five 
days from and after receipt of such notice of arrival. 

Sec. 6. Any person, persons, firm, or corporation, or association of 
persons, violating any of the provisions of this ordinance, or doing any 
act herein declared to be unlawful, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by fine not exceeding five 
hundred dollars, or by imprisonment in the county jail not exceeding 
six months, or by both such fine and imprisonment, at the discretion of 
the court. 

Sec. 7. This ordinance shall take eft'eet and be in force from and 
after the twenty-eighth day of October, 1907, and shall be published 
prior thereto for one week in the Hanford "Journal," a semi-weekly 
newspaper of general circulation, printed and published in said county 
of Kings, and all other ordinances, or parts of ordinances of Kings 
County in conflict with the provisions of this ordinance are hereby 
repealed. 

The foregoing ordinance is adopted by said board of supervisoi*s of 
the county of Kings, State of California, this 11th day of October, 1907, 
by the following vote, to wit : 

Ayes — W. S. Burr, L. Y. Montgomery, J. E. Hall, G. E. Shore, and 
A. F. Smith. 

W. S. Burr, 

Chairman of the Board of Supervisors of the 
County of Kings, State of California. 

[seal.] . Francis Cunningham, 

County Clerk of the County of Kings, and ex officio 
Clerk of the said Board of Supervisors. 



STATUTES, ETC., RELATING TO HORTICULTURE. 83 

Note. — Ordinances 66 and 69 both have been a great success in every 
way. By their use we are able to keep out Eastern stock. No. 69 can 
]iot be valued too highly. No. 66 has been a great help. I think we can 
say without boasting that we have the cleanest county in the State. 

B. V. Sharp. 

LOS ANGELES COUNTY. 

Ordinance No. 42 (new series) — An ordinance to promote the horticultural 
interests of Los Angeles county, California, and providing for the inspec- 
tion and destruction of insect pests, and providing for restrictions upon 
the importation of cuttings, etc. 

llie hoard of supervisors of Los Angeles county, State of California, 

do ordain as follows: 

Section 1. No person or persons, firm or corporation, either as 
owner, agent, factor, broker, servant, or othe employee, shall bring for 
delivery, or cause to be brought for delivery, into the countj^ of Los 
Angeles from any other place or places without said county, any trees, 
plants, vines, shrubs, scions, cuttings, buds or grafts, without giving 
written notice of their arrival at their destination within twenty-four 
hours thereafter, and prior to removal from said point of destination, 
to the horticultural commissioners of the said county, or to the local 
inspector of the district into which the same are so brought ; nor shall 
either the persons, parties or corporations above named remove the same 
from the place of their destination until inspected as hereinafter pro- 
vided. 

Sec. 2. Any person or persons, corporation or corporations, men- 
tioned in section one of this ordinance who shall ship, or bring, or 
cause to be brought or shipped into Los Angeles County, California, 
any trees, scions, cutting's, buds, grafts, shrubs or plants, shall have 
placed upon or securely attached to each package, box or separate parcel 
of such articles a distinct mark or label showing the name of the owner, 
agent or shipper, the name of the grower, and the place where grown. 

Sec. 3. Upon receiving the notification mentioned in section 1 hereof, 
or any other information of such importance, the horticultural commis- 
sion, or the local inspector receiving the same, shall, as soon thereafter 
as practicable, carefully inspect the article, reference to which notice 
was served. If it appears that the importation is of citrus trees, shrubs, 
scions, cuttings, grafts or buds, and that the same were grown in the 
state of Louisiana, Florida, or any other place infested with the white 
fly {Aleyrodes citri) , it shall be the duty of the horticultural commission 
to at once cause the same to be disinfected by a thorough application of 
kerosene emulsion. After such application, the tree, shrub, scion, cut- 
ting, graft or buds shall remain in the custody of the importer in a place 
thoroughly isolated from any other citrus trees, shrubs, scions, cuttings, 
grafts, or buds ; and such place to be so arranged that if the same are 
infested Avith the white fly, said insect could not escape therefrom to any 
other trees or plants in the neighborhood; and if not so isolated, said 
plants are hereby declared to be a public nuisance, and it shall be the 



84 STATUTES, ETC., RELATING TO HORTICULTURE. 

duty of the horticultural commission to cause the same to be destroyed. 
Two weeks after the first application of kerosene emulsion, as herein 
provided, the same shall be again thoroughly treated to a kerosene emul- 
sion, and again at the end of another period of two weeks the same shall 
be treated for the third time with kerosene emulsion. Thereafter such 
importation shall remain in the custody of the importer, and without 
being set out in orchard form, thoroughly isolated, as aforesaid, for the 
period of at least one year ; and the same shall be inspected as often dur- 
ing that period as in the judgment of the horticultural commission may 
be deemed necessary; and if upon any such inspection, it appears that 
the same are in fact infested with white fly in any stage of existence, or 
with their eggs, the entire consignment shall be at once destroyed by 
the horticultural commission. 

Sec, 4. In addition to the foregoing treatment for the eradication 
of the insect pest known as the white fly, the horticultural commissioners 
may require any additional treatment or disinfection which, in their 
judgment, would more effectively disinfect the same ; and shall require 
the wrappings in which said trees were imported, to be burned or 
thoroughly disinfected. 

Sec. 5. If it shall appear that the importation, notice of which is 
required to be given, by section one hereof, consists of grapevines, scions, 
rootings, grafts, buds or cuttings from any grapevine grown in or 
shipped from any county in the State of California north of the north 
line of San Luis Obispo, Kern, and San Bernardino counties, or from 
any district infested with phylloxera of the vine, it shall be the duty 
of the horticultural commissioners to cause said cuttings, vines, rootlings, 
grafts, scions or buds to be exposed for at least twenty-four hours to a 
saturated atmosphere of carbon bisulphide. Thereafter the said vines, 
rootlings, cuttings, grafts, scions or buds shall remain in the custody of 
the importer for such length of time as may in the judgment of the horti- 
cultural commission be necessary to determine whether or not the same 
are infested with phylloxera ; not, however, less than six months. If 
at any time it shall appear upon inspection of such importation, that 
the same is infested with phylloxera, the entire consignment shall be 
destroyed. 

Sec, 6. It shall be unlawful to sell or plant in orchard form or to 
attach to any growing trees in the county of Los Angeles any citrus 
cuttings, grafts, trees, scions or buds from the states of Florida or' 
Louisiana without first obtaining from the board of horticultural com- 
missioners a written permit to such sale or use, stating that the same 
have been inspected and treated as hereinbefore provided ; and that in 
the judgment of the said horticultural commission, the same are free 
from insect pests. 

Sec. 7. It shall be unlawful to sell any vines, cuttings, rootlings, 
grafts, scions, or buds imported from the district north of the north 
line of Kern, San Luis Obispo, and San Bernardino counties in the State 
of California, except upon the written permit of the board of horticul- 
tural commissioners, stating that the said plants have been inspected 



STATUTES, ETC., RELATING TO HORTICULTURE. 85 

and treated as hereinbefore provided, and that in their judgment the 
same are free from insect pests. 

Sec. 8. The horticultural commission shall adopt such rules in rela- 
tion to application for permits, provided for in the two preceding sec- 
tions, as in their judgment may be necessary. 

Sec. 9. Any person importing for the purposes of sale any citrus 
plant, tree, vine, cutting, rootling, graft or bud from the states of 
Florida or Louisiana, or from any other state or district or county 
infested with the white fly ; and any person importing for the purposes 
of sale any vine, cutting, citrus trees, plant, rootling, graft, or bud from 
any place herein designated as infested with phylloxera; or importing 
said vine or citrus plants from any other point hereinafter designated 
on the minutes of the board of horticultural commissioners of Los 
Angeles County as a point infested with the white fly or phylloxera 
respectively, shall pay a license of fifty dollars per quarter; which 
license shall be in the usual form of county licenses and issued by the 
tax collector, and shall state the place or places for which the holder 
thereof is licensed and authorized to import as aforesaid. Applications 
for such licenses shall be made to the said board of horticultural com- 
missioners, and shall be accompanied by a good and sufficient bond with 
two sureties in the penal sum of five thousand dollars for the faithful 
compliance with the terms of this ordinance ; and when approved by 
them the tax collector shall be by them authorized to issue said license, 
but not before. 

Sec. 10. Every person who shall violate any of the provisions of this 
ordinance shall be deemed guilty of a misdemeanor ; and upon conviction 
thereof shall be punished by a fine of not more than five hundred dollars, 
or by imprisonment in the county jail not exceeding six months, or by 
both such fine and imprisonment. 

Sec. 11. An ordinance entitled "An ordinance to promote the hor- 
ticultural interests of Los Angeles County, California," passed by the 
board of supervisors of Los Angeles County on the 3d day of November, 
1891, is hereby repealed. 

Sec. 12. This ordinance shall take effect and be in force on and 
after the 15th day of July, 1901 ; and prior to the expiration of fifteen 
days from the passage hereof, shall be published for at least one week 
in the "Los Angeles Daily Journal," a newspaper printed and pub- 
lished in the county of Los Angeles, State of California, together with 
the names of the members of the board of supervisors voting for and 
against the same. 

E. S. Field. 
Chairman of the Board of Supervisors of the County 
of Los Angeles, State of California. 



86 STATUTES, ETC., RELATING TO HORTICULTURE. 

.Ordinance No. 210 (new series) — An ordinance to amend an ordinance entitled 
"Ordinance No. 65 (new series) — Imposing licenses and fixing rates 
thereof in the county of Los Angeles, State of California," adopted Janu- 
ary 20, 1903, by adding thereto a new section relating to the business of 
spraying and fumigating trees and orchards. 

The hoard of supervisors of the county of Los Angeles do enact as 

follows : 

Section 1. Ordinance No. 65 (new series), of the county of Los 
Angeles, entitled "Ordinance No. 65 (new series), imposing licenses and 
fixing rates thereof in the county of Los Angeles, State of California, ' ' 
adopted January 20, 1903, is hereby amended by adding thereto a new 
section, to be numbered Section 31a, and to read as follows : 

31a, Every person who engages in, conducts or carries on the busi- 
ness of spraying or fumigating trees, plants, vines or orchards, shall 
pay a license fee of three dollars per quarter; provided, that no such 
license shall l)e issued except upon a written permit from the board of 
horticultural commissioners. Said board of horticultural commis- 
sioners shall, upon application being made to them for any such permit, 
examine the. applicant and the implements and apparatus to be used 
l>y him in such business, and grant such permit only if they find that the 
applicant understands the proper conduct of such busmess and is com- 
petent to engage therein, and that the said implements and apparatus 
are properly constructed and suitable for said business. Whenever 
any person holding such permit does any spraying or fumigating in a 
negligent or unskillful manner, or uses therefor improper materials or 
unfit or improperly constructed apparatus or implements, said board 
of horticultural commissioners may, upon notice to such person, and after 
hearing him upon the matter, revoke any permit granted to him under 
this ordinance, and after such revocation no further license shall be 
issued to him. All such permits and written notice of all such revoca- 
tions shall be filed with the tax and license collector. For the purposes 
of this ordinance every person who has charge of or directs the opera- 
tions of any outfit or apparatus or implements used in the business of 
spraying or fumigating trees, plants, vines or orchards, or who applies 
thereto or prepares, the chemicals used in such fumigation, whether on 
his own account or as agent of another, shall be deemed to be engaged 
in such business, and shall be required to have a license therefor. From 
and after the time when a county horticultural commissioner shall be 
appointed for the county of Los Angeles, under the provisions of 
chapter 118 of the Statutes of 1909, the powers and duties conferred 
l)y this ordinance upon the board of horticultural commissioners shall 
be vested in such horticultural commissioner. 

Sec. 2. This ordinance shall take effect on the 1st day of July, 1909, 
and prior to the expiration of fifteen days from the passage hereof shall 
be published for at least one week in the ' ' Los Angeles Daily Journal, ' ' 
a newspaper printed and published in the county of Los Angeles, State 
of California, together with the names of the members of the l^oard of 
supervisors voting for and against the same. 



STATUTES. ETC., RELATING TO HORTICULTURE. 87 

MADERA COUNTY. 

Ordinance No. 62 — An ordinance prohibiting any one within the county of 
Madera from purchasing or receiving, or causing to be purchased or 
received from any person, or corporation, or association outside of the 
county of Madera, State of California, excepting Fresno, Tulare and Kings 
counties, grapevines or grape cuttings. 

The hoard of supervisors of the county of Madera do ordain as follows: 

Section 1. It shall be uiilawful for any one within the county of 
]\Iadera, State of California, to purchase or receive, or cause to be 
purchased or received, from any place without the county of Madera, 
exceptino- Fresno, Kings, and Tulare counties, in said state, any grape- 
vines or grape cuttings for the purpose of planting the same within the 
limits of said county of Madera. 

Sec. 2. Any person violating the provisions of this ordinance shall 
be deemed guilty of a misdemeanor. 

Sec. 3. This ordinance shall take effect and be in force from and 
ofter the 26th day of February, 1900. 

The foregoing ordinance is passed this 9th day of February, 1900. 

(Signed) E. H. Chapin, 

Chairman of Board of Supervisors. 

Ordinance No. 78 — An ordinance prohibiting any one within the county of 
Madera from purchasing or receiving, or causing to be purchased or 
received grapevines, scions and buds from any person, or corporation, 
or association in certain districts of Fresno county. State of California. 

The hoard of supervisors of the county of Madera do ordain as follows: 
Section 1. It shall be unlawful for any person or persons within 
the county of Madera, California, to purchase or cause to be purchased, 
or to receive or have in his possession or upon his premises or under 
liis control, any rooted or other grapevines, or cuttings of same, scions 
or buds, grown, cultivated or produced upon the following described 
lands, situate in the county of Fresno. State of California : All of sec- 
tion eight (8), east half (E. -i) of east half (E. Jy) of section seven (7), 
east half (E. ^) of section five (5), east half (E' ^) of east half (E. i) 
of west half (W. |) of section five (5), all of section four (4), south- 
west quarter (S. "W. ^) of southwest quarter (S. W. j) of section 
five (5). all in township fourteen (14) south, range twenty (20) east, 
southeast quarter (S. E. ]) of section thirty-two (32), west half (W. -J) 
of west half (W. ^) of northwest quarter (N. "W. |) of section thirty- 
three (33), northeast quarter (N. E. ^) of northwest quarter (N. W. ^) 
of section thirty-three (33), northwest c^uarter (N. W. ^) of northeast 
quarter (N. E. I) of section thirty-three (33). all in township thir- 
teen (13) south of range twenty (20) east; said above described dis- 
trict of said county of Fresno having been heretofore declared to be 
infected with phylloxera parasite. 

Sec. 2. Any person violating the provisions of this ordinance shall 
be deemed guilty of a misdemeanor. 



bo STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 3. This ordinance shall take effect and be in force from and 
after the 21st day of February, 1903. 

The foregoing ordinance is passed this 5th day of February, 1903. 

S. Sledge, 

Chairman of Board of Supervisors. 
Note. — ''I consider Ordinance No. 78 of much value. I do not con- 
sider Ordinance No. 62 of any value." 

(Signed) Geo. Marchbank, 

Count!/ Horticultural Commissioner. 

MENDOCINO COUNTY. 

Ordinance No. 131 — An ordinance for the protection of horticulture and to pre- 
vent the introduction into Mendocino county of insects or diseases or 
animals injurious to fruit, fruit trees, vines, bushes, vegetables, or berries 
or grapes. 

The hoard of .•supervisors of Mendocino county, State of California, 

do ordain as follows: 

Section 1. Any person, persons or corporation, who shall receive, 
bring or cause to be brought into the county of Mendocino, State of 
California, any nursery stock, trees, shrubs, plants, vines, cuttings, 
grafts, scions, rootlets, buds or fruitpits, or fruit, or vegetables, or ber- 
ries, or grapes, or any case, box, package, crate or other article for the 
packing or shipping of fruit, shall within twenty-four hours after the 
arrival thereof notify the quarantine guardian of said county, or in 
case there is no quarantine guardian, then one member of the county 
board of horticulture, or some person commissioned by them, or either 
of them, of their arrival, and hold the same without unnecessarily mov- 
ing the same, or placing such articles where they may be harmful, for 
the immediate inspection of such quarantine guardian or member of 
the county board of horticulture, or person duly comrnissioned by either 
of them to make such an inspection and examination. The said quar- 
antine guardian, or any member of the county board of horticulture, 
or any person or persons commissioned by them to make such inspection, 
are hereby authorized and empowered to enter into any warehouse, or 
depot, or any other place where such articles are, for the purpose of 
making the investigation or examination herein provided for. 

Sec. 2. When any of the articles herein named are found infested 
with injurious insects, or their eggs, larvie, or pup^e, or infected with 
tree, plant or fruit disease or diseases, the same shall be disinfected at 
the expense of the owner, owners, or agent, and under the direction 
of such quarantine guardian or member of the county board of horti- 
culture, or person commissioned by them for that purpose. After such 
disinfection it shall be detained in quarantine the necessary time to 
determine the result of such disinfection. If the disinfection has been 
so performed as to destroy all insects, or their eggs, and so as to eradi- 
cate all disease and prevent contagion, and in a manner satisfactory 
to said quarantine guardian or member of the county board of horti- 
culture, or the person commissioned by them or either of them, then 



STATUTES, ETC., RELATING TO HORTICULTURE. 89 

said articles shall be released after the payment by said owner, ownei-s 
or agent of the expense of disinfecting the same or eradicating the 
disease therefrom. In case any owner, owners or agent shall decline 
or refuse to disinfect any of such articles, or to eradicate the disease 
therefrom as herein directed, then said quarantine guardian or any 
member of the county board of horticulture, or person commissioned by 
them, shall cause the same to be disinfected and the disease to be eradi- 
cated therefrom and said owner, owners or agent shall pay all the 
expenses thereof. 

Sec. 3. If it shall be found that it is impossible to disinfect any of 
the articles herein enumerated, or to eradicate all disease therefrom 
so as to prevent contagion, then such article or articles are hereby 
declared to be a public nuisance, and then said quarantine guardian or 
member of the county board of horticulture, or person duly commis- 
sioned by them, shall have power and authority to destroy said article 
in case the owner, owners or agent shall refuse to do so. 

Sec. 4. Any person who shall receive, bring or cause to be brought 
into this county any of the articles hereinabove enumerated and shall 
fail to notify said quarantine guardian of said county, or some member 
of the county board of horticulture, or person commissioned by them 
for such purpose, of the arrival of such articles within twenty-four 
hours after the arrival of the same shall be guilty of a misdemeanor, 
and upon conviction thereof shall be subject to a fine not to exceed $20. 

Sec. 5. This ordinance shall go into effect and be in force on and 
rifter the 24th day of December, 1903, and prior to said time shall be 
published for one week in the "Republican Press," a newspaper of 
general circulation published in said county. 

Passed by the board of supervisors of said county this 8th day of 
December, A. D. 1903. 

Leonard Barnard, 

Chuirmiiii of said Board of Supervisors of the County 
of Mendocino, State of California. 

MERCED COUNTY. 

Ordinance No. 49 — An ordinance to promote the horticultural interests of Merced 

county, California. 

The hoard of supervisors of the county of Merced do ordain as follows: 
Section 1. No person or persons, corporation or corporations, 
either as owner, agent, factor, broker, servant or employee, shall bring 
for delivery, or cause to be brought for delivery, into Merced County, 
from any place or places without said county, any trees, plants, vines, 
shrubs, scions, cuttings or grafts, without giving written notice of their 
arrival at their destination within twenty-four hours thereafter to the 
horticultural commission of said county, or to the local inspector of the 
district into which the same are so brought ; nor shall either of the per- 
sons or parties above warned remove or use, or cause the removal of 
the same from the place of their arrival at their destination until 
inspected as hereinafter provided. 



90 STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 2. On receiving the notification mentioned in section one hereof, 
the horticultural commission or local inspector receiving the same shall 
cause within twenty-four hours thereafter to be carefully inspected the 
articles relative to which said notice was served. In default whereof 
said horticultural commission or local inspector receiving said notifica- 
tion hereinbefore mentioned shall be lia])le to any damages caused by 
its or his negligence. 

Sec. 3. Any person or persons within the county of Merced who 
shall ship or bring, or cause to be shipped or brought into Merced 
County, California, any trees, vines, scions, cuttings, grafts, shrubs, or 
plants, shall have placed upon or securely attached to each box, package, 
or separate parcel of such articles, a distinct mark or label showing the 
name of the owner, agent or shipper, the name of the grower and the 
place where grown. 

Sec. 4. It shall be the duty of the county horticultural commission 
to enforce the provisions of this ordinance, and for such purpose it may 
make such rules and regulations as in its judgment is necessary to make 
such ordinance etfective. 

Sec. 5. Any person violating any of the provisions of this ordinance 
shall be guilty of a misdemeanor, and on conviction thereof shall be 
punished by imprisonment in the county jail not less than five daj^s nor 
more than six months, or by a fine not less than five dollars nor more 
than five hundred dollars, or by both such fine and imprisonment. A 
judgment that the defendant pay a fine may also direct that he be 
imprisoned until the fine be satisfied, specifying the extent of imprison- 
ment, which nnist not exceed one day for every dollar of the fine. 

J. A. IMONTGOMERY;, 
Chairman, of flic Board of Hvpervisors. 

MONTEREY COUNTY. 
Ordinance No. 308. 

The hoard of supervisors of the county of Montereij do ordain as follows: 
Section 1. It is hereby declared to be unlawful for any person, or 
persons, firm, or corporation to bring, ship, carry or transport into the 
county of Monterey, any fruit, trees, scions. l)uds or roots infected with 
the disease known as "Pear Blight." 

Sec. 2. It is hereby declared to be unlawful for any person, or per- 
sons, firm, or corporation to receive into the county of jMonterey or have 
in their possession any fruit, trees, scions, buds, or roots infected with 
the disease known as "Pear Blight." 

Sec. 3. It is hereby declared to be unlawful for any person, or per- 
sons, firm, or corporation to bring, ship, carry, or transport into the 
county of ]\Ionterey any trees, fruit, scions, buds, or roots of the apple, 
pear, quince, and locust, or any bees, hives or honey from the counties 
of Fresno, Kings, Tulare, Sacramento, Madera, Merced, Orange, Ven- 
tura, Santa Barbara, Kern, San Diego, Riverside, San Bernardino, and 
Los Angeles, in the State of California. 



STATUTES. ETC., RELATING TO HORTICULTURE. 91 

Sec. 4. It is hereby declared to be unlawful for any penson, or per- 
sons, firm or corporation to receive into the county of Monterey from 
the counties of Fresno, Kings, Tulare, Sacramento, Madera, Merced, 
Orange, Ventura, Santa Barbara, Kern, San Diego, Riverside, San Ber- 
nardino, and Los Angeles, in the State of California, any trees, fruit, 
scions, buds, or roots of the apple, pear, quince, and locust, or any bees, 
hives, or honey. 

Sec. 5. It is hereby made the duty of the county board of horti- 
cultural commissioners of the county of Monterey to institute proceed- 
ings against any and all persons violating any of the provisions of this 
ordinance. 

Sec. 6. Any person or persons, firm or corporation, violating any 
of the provisions of this ordinance shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be punished by a fine not 
exceeding five hundred dollars or by imprisonment in the county jail of 
the county of Monterey for a period not exceeding six months, or by 
both such fine and imprisonment. 

Sec. 7. This ordinance shall take effect and be in force on and after 
fifteen days after its passage, and shall be published in the manner and 
for the time prescribed by law, in the "Salinas Index." 

Passed by the board of supervisors of the county of Monterey this 
3d day of March, A. D. 1903. 

Ayes — Supervisors T. J. Field, J. L. INIann. M. Hughes, J. E. Red- 
mond, and W. H. H. Metz. Noes — None. 

[Seal] T. J. Field, 

VlKtlnnan uf ihc Board of Si(pcrcisors. 

Attest : J. D. Kalar, 

Clerk of flic Board of tSiipcrrisors. 

ORANGE COUNTY. 

Ordinance No. 17 — An ordinance to promote the liorticulturai interests of the 
county of Orange, State of California. 

Tlie hoard of supervisors of the county of Orange, California, do 
ordain as follows: 

Section 1. No person or persons, corporation or corporations, either 
as owner, agent, factor, broker, servant, or employee, shall bring or 
cause to be brought for any purpose into Orange County, California, 
from any district, county, state or foreign country, any trees, vines, 
shrubs, scions, cuttings, grafts, fruit, plants, floAvers, vegetables, or 
peach pits, without giving notice of their arrival witliin twenty-four 
hours thereafter to a member of the country board of horticultural com- 
missioners of said county, or to the local inspector of the district into 
which they are brought ; nor plant, sell, expose for sale, give away, 
remove or cause to be removed any of the said articles, until they shall 
fii*st have been inspected as hereinafter provided and disinfected to the 
satisfaction of the county board of horticultural commissioners of said 
Orange County or the local inspector thereof acting under the direction 
of said county board of horticultural commissioners. 



92 STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 2. Section 2 of said ordinance is hereby amended to read as 
follows : 

Section 2. On receiving the notification mentioned in section one 
hereof, the horticultural commissioner or local inspector securing the 
same shall, as soon thereafter as practicable, carefully inspect the 
articles relative to which said notice was served; and the fees for 
inspecting all articles enumerated in section one of this ordinance com- 
ing into the county and which are inspected by a horticultural commis- 
sioner or local inspector as herein provided shall be paid by the 
consignee of said articles so coming into this county, and the fees for 
inspecting all articles enumerated in section one of this ordinance, 
shipped out of the county, shall be paid by the shipper, which said fee 
shall be at the rate of three dollars per day for each and every day 
consumed in making such inspection. 

Sec. 3. If upon a careful inspection by a horticultural commissioner 
or local inspector of said county of Orange any of the articles enum- 
erated in section one of this ordinance shall be found infested with 
any live scale or insect pests, detrimental or injurious to fruit trees or 
the product thereof, or to any plant life, or if upon such inspection any 
of said articles shall be found to be infected or to have come from a 
district whose trees are infected with peach yellow, pear blight, or other 
disease, such infested or infected articles shall be removed from the 
limits of the said county within forty-eight hours thereafter, at the 
expense of the owner, agent, or shipper, or shall be destroyed. The 
owner, agent, or shipper shall have the right to elect as to the removal 
of said infested or infected articles from said county, or to have the 
same destroyed by order and under the direction of the county board 
of horticultural commissioners. 

Sec. 4. "Whenever the said board of horticultural commissioners 
shall deem it necessary for the safety of the horticultural interests of 
the said county, they may hold in quarantine for subsequent inspection 
or disinfection, or both, any of the articles mentioned in section one of 
this ordinance for such length of time as in their judgment is necessary. 

Sec. 5. The said county board of horticultural commissionei's are 
hereby authorized to require any or all of the articles enumerated in 
section one of this ordinance and brought into Orange County, to be 
disinfected, even though a careful inspection by a horticultural commis- 
sioner or local inspector of said county should show such articles to be 
apparently free from scale or inspect pests or plant disease. 

Sec. 6. Any person or persons, corporation or corporations, who 
shall ship, or bring, or cause to be shipped or brought into Orange 
County, California, any of the articles mentioned in section one of this 
ordinance shall have placed upon, or securely attached to each box, 
package or separate parcel of such articles, a distinct mark or label, 
showing the name of the owner, agent or shipper, the place where grown 
and from whence shipped. 

Sec. 7. It shall be the duty of the county horticultural commission 
to enforce the provisions of this ordinance and for such purpose it may 



STATUTES, ETC., RELATING TO HORTICULTURE. 93 

make such rules and regulations as in its judgment is necessary to make 
such ordinance effective. 

Sec. 8. Anj^ person violating any of the provisions of this ordinance 
shall be guilty of a misdemeanor, and on conviction thereof shall be 
punished by imprisonment in the county jail not less than ten days and 
not more than one hundred days, or by a fine not less than ten dollars 
nor more than two hundred dollars, or by both such fine and imprison- 
ment. A judgment that the defendant pay a fine may also direct that 
he be imprisoned until the fine be satisfied, specifying the extent of 
imprisonment, which must not exceed one day for every two dollars of 
the fine. 

Sec. 9. The ordinance No. 8 entitled "An ordinance with excerpts 
from the state laws," passed May 5, 1890, and all ordinances or parts 
of ordinances in conflict with the provisions of this ordinance, are hereby 
repealed. This ordinance shall take effect and be in force fifteen days 
after its passage, and within less than fifteen days after its passage, and 
before the expiration of said fifteen days, the same shall be published 
with the names of the members of the board of supervisors voting for or 
against the same, for at least one week in the ' ' Santa Ana Standard, ' ' a 
newspaper printed and published in the city of Santa Ana in said 
county of Orange. 

The above ordinance was passed at a regular meeting of the board 
of supervisors of Orange County, on the 7tli day of December, 1891, 
by the following vote: Ayes — J. Yoch, J. W. Hawkins, L. Schorn, 
S. Armor, and W. N. Tedford. Noes — None. 

J. Yoch, 

Chairman of the Board of Supervisors. 

Ordinance No. 52 — An ordinance to prevent the spreading of the Russian thistle, 
Scotch or Canadian thistle, Mexican cocklebur, Johnson grass, or ever- 
green millet. 

The hoard of supervisors of the county of Orange do ordmn as follows: 
Section 1. It shall be unlawful for any person owning property in 
the county of Orange, to permit the Russian thistle, Scotch or Canadian 
thistle, Johnson grass, evergreen millet, or Mexican cocklebur to 
mature or disseminate its seed on the lands so owned by such pei'son. 
It shall be unlawful for any person to sow or disseminate or to permit 
the sowing or disseminating of any seed of the Russian thistle, Scotch 
or Canadian thistle, Johnson grass, or evergreen millet, or Mexican 
cocklebur upon any of the land owned by another. It shall be unlaw- 
ful for any person to sell or in any way dispose of any seed of the 
Russian thistle, Scotch or Canadian thistle, Mexican cocklebur, John- 
son grass or evergreen millet to another, whether in packing of goods 
f»r in grain or grass seeds or otherwise. Every person who shall violate 
any of the provisions of this ordinance shall be deemed guilty of a mis- 
demeanor and upon conviction thereof, shall be punished by fine of not 
more than five hundred dollars, or imprisonment in the county jail 
not exceeding six months or by both such fine and imprisonment. 



94 STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 2. This ordinance shall take effect from and after fifteen days 
from its passage and before the expiration of said fifteen days the same 
shall be published for at least one week in the "Weekly Blade." a 
newspaper of general circulation. 

This ordinance was duly passed by the board of supervisors of said 
county of Orange, this 16th day of September, 1901, Supervisors F. P. 
Nickey, W. G. Potter, D. C. Pixley, and J. F. Snover voting for said 
ordinance. Absent, R. E. Larter, and no one voting against the same. 

F. P. Nickey, 

Chairman of the Board of Sirpcrvisors 

Ordinance No. 71 — An ordinance to provide for the destruction of the Florida 

white fly. 

Whereas, The Florida white fiy has appeared in certain citrus trees 
and other forms of vegetation in the State of California, and is liable 
to be introduced into the county of Orange ; and 

Whereas, The said insect pest is a threatening danger to the citrus 
industry of the county of Orange ; therefore. 

The hoard of supervisors of the county of Orange, State of California, 

clo ordain as follows: 

Section 1. It shall be unlawful for any persons owning property in 
the county of Orange, State of California, to permit or allow the 
Florida white fly to be or remain upon the trees or vegetation or to be 
or remain upon the propertj^ owned by sucli person. It shall be unlaw- 
ful for any person to import, bring in, disseminate or propagate the said 
Florida white fly upon any of the lands owned by himself or owned by 
another. 

Sec. 2. Any person who shall violate any of the provisions of this 
ordinance shall be guilty of a misdemeanor and upon conviction thereof 
shall be punished by a fine of not more than five hundred dollars or 
by imprisonment in the county jail not exceeding six months or hy both 
such fine and imprisonment. 

Sec. 3. This ordinance shall take effect from and after fifteen days 
from its passage, and before the expiration of said fifteen days the 
same shall be published for at least one week in the "Weekly Blade," 
a newspaper of general circulation in the county of Orange. 

Passed by the following vote : Ayes— Supervisors MacMillan, Smith, 
Moore, Linebarger, and Angle. Noes — None. Absent — None. 

D. A. MCMULLAN, 

Chairman of the Board of Supervisors 
of Orange County, California. 

Note. — You will notice that according to the ordinance on weeds that 
the offender is liable to a fine. I have never fought weeds under this, 
hut used the state la"\v, and the work has been done more by persuasion. 

(Signed) Roy K. Bishop, 

Cotinty Horticultural Commissioner. 



STATUTES, ETC., RELATING TO HORTICULTURE. 95 

RIVERSIDE COUNTY. 

Ordinance No. 5 — Relating to horticultural interests of Riverside county. 

The hoard of supervisors of Riverside county, State of California, do 

ordain as follows: 

Section 1. No person or persons, either as owner, agent, servant 
or employee, shall bring or cause to be brought into Riverside County. 
State of California, from any place, district, county, state, or foreign 
country, any trees, vines or shrubs, scions, cuttings, buds, grafts, roots, 
plants, flowers or vegetables or fruit or fruit pits, without giving notice 
of their arrival at their destination, within twenty-four hours there- 
after, to a member of the board of horticultural commissioners of said 
Riverside County or the local inspector of the district into which they 
are brought. 

Sec. 2, No person or persons, either as owner, agent, servant or 
employee, shall keep in store, plant, sell or expose for sale, give aAvay 
or otherwise distribute any of the articles mentioned in section one (1) 
of this ordinance, or cause or permit the same to be stored, planted, sold, 
exposed for sale, given away or otherwise distributed whether said 
articles were brought into said county of Riverside, State of California, 
or were raised or grown in said county, if they are infested with any 
insect pest or their eggs, larva or pupa or have any disease or fungus 
detrimental or injurious to vines or fruit trees or the products thereof, 
or to plant life ; nor until they shall have first been inspected as herein 
before provided. 

Sec. 3. Whenever any member of the county board of horticultural 
commissioners or any local inspector of said county of Riverside, State 
of California, shall receive notice of the arrival at their destination of 
any of the articles enumerated in section one (1) of this ordinance, 
or that any of such articles raised or grown in said Riverside County 
are ready for inspection, he shall (if within his jurisdiction) make a 
careful inspection of the same as promptly as possible, and if thej'^, or 
any of them, shall be found infested with live scale or insect pests, or 
their eggs, larvae or pupaj, or to have any disease or fungus detrimental 
or injurious to vines or fruit trees or the product thereof, or to plant 
life, such infested or diseased articles shall either be disinfected to the 
satisfaction of the board of horticultural commissioners of said River- 
side County, or local inspector thereof acting under the direction of 
said board of commissioners, and be held in quarantine until free from 
said live scale, or insect pests, or their egg's, larvae or pupae, and from 
disease or fungus, or shall be destroyed under the direction of said 
l)oard of commissioners or local inspector at the risk and expense of the 
owner, agent or shipper thereof. Whether such infested or diseased 
articles be disinfected or quarantined or be destroyed shall be wholly 
within the control and under the judgment of the board of horticultural 
commissioners of said county of Riverside, State of California, except in 
the ease of infested fruit, and they shall so order as in their judgment 
may be deemed best for the horticultural interests of the county. The 



96 STATUTES, ETC., RELATING TO HORTICULTURE. 

owner, agent or shipper shall have the right to elect to remove infested 
fruit from the county within twenty-four (24) hours after having been 
notified in writing by a horticultural commissioner or a local inspector 
of said county that it is infested, or to have the same disinfected or 
destroyed as above provided ; but he shall make his decision as soon as 
notified and inform the inspector whether or not he will remove the 
fruit. 

Sec. 4. Whenever any member of the county board of horticultural 
commissioners of the county of Riverside, State of California, or a local 
inspector thereof acting under the direction of said commissioners shall 
deem it necessarj'^ for the safety of the horticultural interests of the 
county, he may hold in quarantine for information, subsequent inspec- 
tion or disinfection and final order relative thereto, any of the articles 
enumerated in section one (1) of this ordinance whether grown or 
raised in this county or not, for such time as in his judgment may be 
deemed by him necessary, and such articles so placed in quarantine 
shall not be removed from the place of quarantine during the time 
specified by the commissioner or inspector for said quarantine. 

Sec. 5. The county board of horticultural commissioners of the 
county of Riverside, State of California, is hereby authorized to require 
any or all articles enumerated in section one (1) of this ordinance 
brought into said Riverside County, or raised or grown in the said 
county, to be disinfected or quarantined, or both, whenever in their 
judgment it is best for the horticultural interests of said county, even 
though a careful inspection by a horticultural commissioner or a local 
inspector should show such article to be apparently free from disease, 
fungus, live scale or insect pests. 

Sec. 6. Whenever any trees, vines, shrubs, scions, cuttings, buds, 
grafts, roots, plants or fruit or fruit pits brought into Riverside County, 
State of California, shall upon inspection by any member of the county 
board of horticultural commissioners be found to have been shipped or 
brought from any place, district, county, state or foreign country where 
peach yellows, peach rosette or phylloxera exist, or where there is good 
reason to believe that they or either of them exist, and if in the judg- 
ment of the commissioners danger may be justly apprehended of their 
introduction, or the introduction of either of them upon the articles so 
brought into said Riverside County, and if said articles are liable to be 
affected with the above named diseases, or infested with the above 
named insects, then all such articles are hereby declared a nuisance 
and shall be destroyed under the direction of said horticultural com- 
missioners of said Riverside County at the expense of the owner, agent 
or shipper thereof. (Section 6 is amended in Ordinance No. 75, which 
follows this ordinance.) 

Sec. 7. Every owner or person in charge or in jjossession of any 
orchard, nursery or other premises in the county of Riverside, State of 
California, on or in which is growing any tree, vine, shrub, plant, 
flower or vegetable infested with red, purple, yellow, cottony cushion. 



STATUTES, ETC., RELATING TO HORTICULTURE. 97 

pernicious or any other apparently dangerous scale, or the eggs, larvae or 
pupae thereof, or with phylloxera or other dangerous insects or danger- 
ous disease or fungus shall when required by any member of the county 
board of horticultural commissioners of said Riverside County as in its 
discretion it may seem necessary, cut back, disinfect, fumigate or dig out 
and burn as directed by said horticultural commissioner, the said 
infested tree, vine, slirul), plant, flower or vegetable and also any other 
that may be in the vicinity of such infested article and liable to be 
infested thereby; and in event of said owner, agent or person in charge 
of said orchard, nursery or other premises neglecting or refusing to obey 
the order of the horticultural connnlssioners to cut back, disinfect, fumi- 
gate or dig out and burn the said tree, vine, shrub, plant, flower or 
vegetable within five days from the receipt of such order, then the hor- 
ticultural commissioners may proceed to cut back, disinfect, fumigate 
or dig out and burn all such trees, vines, shrubs, plants, flowers or 
vegetables, the cost and expense of same to be paid by the owner of the 
orchard, nursery or other premises. 

Sec. 8. Any person or persons who shall ship or bring or cause to 
be shipped or brought into the county of Riverside, State of California, 
any trees, vines, scions, cuttings, bucLs, grafts, shrubs, plants, flowers, 
vegetables, fruit or fruit pits, or roots for planting or grafting shall 
have placed upon or securely attached to each box, package or separate 
parcel of such articles a distinct mark or label showing the name of the 
grower, and of the place, district, countj^ or state in the United States 
or in a foreign country wher-e grown, and also such further marks or 
labels as the board of horticultural commissioners of said Riverside 
County may require to determine the liability of said articles to convey 
insect pests or diseases endangering the horticultural interests of the 
county. 

Sec. 9. The owner or person in charge or in possession of any 
orchard, nursery or other premises in the countj' of Riverside, State of 
California, in or on which are growing any trees, plants, shrubs, vines, 
flowers or vegetables, shall not allow any person to bring into his 
orchard, nursery or other premises any box, basket, picking-sack (or 
leaves or other contents of the same), ladder or other article liable to 
convey injurioiLs insects and which has been used in picking or in con- 
veying fruit from any orchard, district or neighborhood where injurious 
insects are known to exist unless said article lias been disinfected to the 
satisfaction of a horticultural conunissioner of said Riverside County or 
the local inspector of the district into which said article is brought. Said 
owner or person in charge or in possession of said orchard, nursery or 
other premises shall report within twenty-four (24) hours thereafter to 
the local inspector in charge of that district, or to a horticultural commis- 
sioner of the county whenever he or any person in his employ, or on his 
premises shall find any red, purple, yellow, cottony cushion, pernicious 
or other dangerous scale on any fruit tree, plant, vine, flower or 

7 — HS 



98 STATUTES, ETC., RELATING TO HORTICULTURE. 

vegetable on said premises ; and shall keep the same a reasonable time 
safe from danger of distributing the pest for the inspection and atten- 
tion of a horticultural commissioner or a local inspector of the said 
Riverside County. All persons picking fruit in said count}' of River- 
side, State of California, shall report at once to the owner or person 
in charge or in possession of the premises on which the fruit is growing 
whenever they find any scale or other insect pest on the fruit they are 
picking. All packers of fruit and persons in charge of the packing of 
fruit and all dealers in fruit in said county of Riverside, State of Cali- 
fornia, shall report within twenty-four (24) hours thereafter to the local 
inspector of the district in which they are packing or doing business, 
or to a horticultural commissioner of said county, whenever they or any 
person in charge or in their employ shall find any fruit infested with 
any scale or other injurious insect pest ; and shall keep the same a rea- 
sonable time safe from danger of distributing the pest for the inspection 
and attention of a horticultural commissioner or local inspector of said 
Riverside County. 

Sec. 10. It shall be the duty of the board of horticultural commis- 
sioners of said county of Riverside, State of California, to enforce the 
provisions of this ordinance and for such purposes they may make such 
rules and regulations as in their judgment are necessary to make this 
ordinance effective. On their written request specifying what is needed, 
presented at any meeting of the board of supervisors of said county of 
Riverside, State of California, and duly certified to be according to 
their best judgment necessary for the protection and preservation of 
the horticultural interests of the said county of Riverside, the said 
board of supervisors shall provide at the expense of the said county 
and within a reasonable time suitable outfits for the fumigating of 
infested fruit trees in said county. Said outfits shall be placed in the 
care and charge of the board of horticultural commissioners of the said 
county, who shall receipt for the same and be responsible to the said 
county for the proper use and care of said fumigating outfits. The 
board of horticultural commissioners of the said county of Rivei-side, 
State of California, shall render to the board of supervisors of the said 
county, monthly on the first Monday of each and every month, a state- 
ment of all expenditures and receipts under the provisions of this sec- 
tion of this ordinance and shall deposit with the treasurer of the said 
county monthly all funds received for the use of the fumigating outfits 
and file with the .monthly statement to the supervisors of said county 
the receipt of the treasurer of said county for the same. 

Sec. 11. Any person violating any of the provisions of this ordi- 
nance shall be guilty of a misdemeanor and on conviction thereof shall 
be punished by imprisonment in the county jail of said county of River- 
side, State of California, not less than ten days and not more than one 
hundred days, or by fine of not less than ten dollars and not more than 
one hundred dollars, or by both such fine and imprisonment. A judg- 
ment that the defendant pay a fine may also direct that he be imprisoned 



STATUTES, ETC., RELATING TO HORTICULTURE. 99 

until the fine be satisfied, specifying the extent of the imprisonment, 
which must not exceed one day for each dollar of the fine. 

Sec. 12. This ordinance shall take effect and be in force on and after 
the 15th day of August, 1893. 

Ordinance No. 75 — An ordinance amending ordinance No. 5, relating to horticul- 
tural interests of Riverside county. 

The hoard of supervisors of Riverside county, State of California, do 

ordain as follows: 

Section 1. Section six of ordinance No. 5 is hereby amended to read 
as follows : 

Section 6. Whenever any trees, vines, shrubs, scions, cuttings, roots, 
plants or fruit pits brought into Riverside County, State of California, 
shall upon inspection by the said commissioner be found to have been 
shipped from any place, district, state or foreign country where peach 
3''ellows, peach rosette, phylloxera, red spider of the orange {Tetrany- 
clnis mytilaspidis) , or white fly (Aleyrodes citri), purple scale, mealy 
bug, black peach aphis, or any other fruit pests, exist or where there is 
good reason to believe that they or either of them exist, and if in the 
judgment of the commissioners danger may be justly apprehended of 
their introduction, or of the introduction of either of them upon the 
articles so brought into said Riverside County, and if said articles are 
liable to be affected with the above named diseases or infested with 
the above named insects, then all such articles are hereby declared a 
nuisance and shall be destroyed under the direction of said horticultural 
commissioners of said Riverside County at the expense of owner, agent 
or shipper thereof. 

Sec. 2. This ordinance shall be in force from and after the first day 
of March. 1904. 

Ordinance No. 80 — (new series) — An ordinance regulating the granting of per- 
mits to persons and firms .conducting the business of fumigating and 
spraying fruit trees and vines in the city of Riverside and providing a 
penalty for violation thereof. 

The mayor and common council of the city of Riverside do ordain as 

follows: 

Section 1. Every person or firm engaging in, conducting or carry- 
ing on the business of spraying or fumigating fruit trees, plants, vines or 
orchards in the city of Riverside shall obtain a permit therefor from the 
common council, said permits to be granted only to persons who under- 
stand the proper conducting of such business. 

Sec. 2. Permits shall be issued as granted for the term of three 
months at a quarterly fee of one dollar to be paid to the city clerk. 

Sec. 3. Whenever any person or firm holding such permit causes to 
be done any spraying or fumigating in a negligent manner or uses 
therefor improper material or an insufficient quantity thereof or im- 
properly constructed apparatus, said common council upon notice to 
such person or firm, of a time and place of hearing thereof, may revoke 



100 STATUTES. ETC., REIjATING TO HORTICULTURE. 

the permit granted to such person or firm, if any of said charges are 
found to be true. 

Sec. 4. For the purposes of this ordinance every person or firm 
either as owner, lessee or manager who has charge of or directs the oper- 
ations of any outfit used for commercial purposes in spraying or fumi- 
gating trees, plants, vines or orchards, shall be deemed to be engaged 
in such business and be required to have a permit therefor. Any person 
or firm engaged in the business of eradicating insect pests as provided 
herein shall submit to the common council at any time when such demand 
may be made therefor, a correct statement of the formula and 
amount of chemicals used or to be used in fumigating, and ingredients 
and strength of materials used if sprayed, on any orchards, trees, or 
vines treated or about to be treated by such persons or firms. 

Sec. 5. It shall be the duty of any person or firm owning or opera- 
ting an outfit to report to the common council in writing, in duplicate, 
at the end of the month, all work of eradicating insect pests during the 
previous month; also number of trees treated and name of owner or 
owners of the same. 

Sec. 6. Any person or firm engaged in spraying or fumigating under 
this ordinance who neglects to procure the permit provided for herein, 
or violates any provision of this ordinance is guilty of a misdemeanor. 

Sec. 7. The provisions of this ordinance shall not be construed to 
require the owner of any orchard or vineyard to take out a permit in 
order to eradicate the pests upon his own premises with his own methods. 

Sec. 8. Temporary permits may issue for the use of secret proprie- 
tary insecticides on trees or vines on designated places revocable at the 
pleasure of the common council. 

Sec. 9. The city clerk shall certify to the adoption of this ordinance 
and cause the same to be published once in the ' ' Riverside Daily Press, ' ' 
a newspaper of general circulation, published daily within the city of 
Riverside. 

I hereby certify that the foregoing ordinance was adopted by the com- 
mon council of the city of Riverside at its meeting held April 12th, 1910, 
by the following vote: Ayes — Couneilmen Masters, Waite, Chase, 
Strickler and Hanna. Noes — None. Absent — Councilman Ford. 

N. A. Jacobs, 

City Clerk. 

Approved this 12th day of April, 1910. 

S. C. Evans, 

Majjor of the dtp of Riverside. 

Ordinance No. 82 (new series) — Relating to horticultural interests of the city 
of Riverside and establishing quarantine regulations. 

The mayor and common council of the cit>j of Riverside do ordain as 

follows: 
Section 1. No person or persons, either as owner, agent, servant or 
employe, shall bring or cause to be brought into the city of Riverside 
from any place, district, county, state or foreign country, any trees. 



STATUTES, ETC., RELATING TO HORTICULTURE. 101 

vines or shrubs, cuttings, buds, grafts, roots, plants, tiowers or vegetables 
or fruit or fruit pits without giving notice of their arrival at their desti- 
nation within twenty-four hours thereafter to the city horticultural 
commissioner, who shall be appointed by the mayor of the city of River- 
side and shall hold office at his pleasure and serve without compensation. 

Sec. 2. No person or persons, either as owner, agent, servant or 
employee, shall keep in store, plant, sell or expose for sale, give away 
or otherwise distribute any of the articles mentioned in section one of 
this ordinance, or cause or permit the same to be stored, sold, exposed 
for sale, given away or otherwise distributed whether said articles were 
brought into said city, or were raised or groMTi therein, if they are 
infected with any insect pests or their eggs, larvaj or pupa*, or have any 
disease or fungus injurious to vines or fruit trees, or the product 
thereof, or to plant life ; nor until they have been first inspected as here- 
inafter provided. 

Sec. 3. "Whenever the city horticultural commissioner shall receive 
notice of the arrival at their destination in said city of any articles 
enumerated in section one hereof, or that any of such articles raised or 
grown in said city are ready for inspection, he shall make a careful 
inspection of the same, and if they or any of them shall be found 
infected with live scale or insect pests or their eggs, larvie or pupae, or 
have any disease or fungus injurious to vines or fruit trees or the 
product thereof, or to plant life, such- infested or diseased articles shall 
either be disinfected to the satisfaction of said commissioner, and be 
held in quarantine till free from said pests or diseases or shall be 
destroyed under the direction of said commissioner at the risk and 
expense of the owner, agent or shipper thereof. Whether such infested 
or diseased articles be disinfected, quarantined or destroyed shall be 
^vholly within the control and under the judgment of the city horticul- 
tural commissioner, except in case of infested fruit, and he shall so order 
as in his judgment may be deemed best for the horticultural interests 
of the county. The owner, agent or shipper shall have the right to 
elect to remove infested fruit from the city within twenty-four hours 
after having been notified by the commissioner that it is infested, or to 
have the same disinfected or destroyed as above provided ; but he shall 
make his decision as soon as notified and inform the commissioner 
whether or not he will remove the fruit. 

Sec. 4. Whenever the horticultural commissioner of the city of 
Riverside shall deem it necessary for the safety of the horticultural 
interests of the city, he may hold in quarantine for information, sub- 
sequent inspection or disinfection, and final order relative thereto, any 
of the articles enumerated in section one hereof, whether growTi or raised 
in this city or not, for such time as in his judgment may be necessary, 
and such articles so placed in quarantine shall not be removed from 
the place of quarantine during the time specified by the commissioner 
therefor. 

Sec. 5. The city horticultural commissioner is hereby authorized 
to require any or all articles enumerated in section one of this ordinance 



102 STATUTES, ETC., RELATING TO HORTICULTURE. 

brought into the city or grown in said city to be disinfected or quaran- 
tined or both, whenever in his judgment it is best for the horticultural 
interests of said city, even though an inspection by the commissioner 
may show such articles to be apparently free from disease, fungus or 
insect pests. 

Sec, 6. Every owner or person in charge or in possession of any 
orchard, nursery or other premises in the city of Riverside, or in which 
is groAving any tree, vine, shrub, plant, or vegetable infested with red. 
purple, yellow, cottony cushion, or any other apparently dangerous 
scale or the eggs, larvae, or pupae thereof, or with phylloxera or other dan- 
gerous disease or insect or fungus, shall when required by the commis- 
sioner as in his discretion he may deem necessary, cut back, disinfect, 
fumigate, or dig out and burn the said infested trees, vines, plants, 
shrub or vegetable, and also any other that may be in the vicinity of 
such infested article and liable to be infested thereby, and in the event 
of said owner, agent or person in charge neglecting or refusing to obey 
the order of the commissioner within five days from the receipt of such 
order, then the commissioner may proceed to cut back, disinfect, fumi- 
gate, or dig out and burn all such trees, vines, shrubs, plants, or vege- 
tables, the cost of same to be paid by the owner of the orchard, nursery 
or other premises. 

Sec. 7. Any person or persons who shall ship or bring or cause to 
be shipped or brought into the city of Riverside any trees, vines, scions, 
cuttings, buds, grafts, shrubs, plants, flowers, vegetables, fruit or fruit 
pits or roots for planting or grafting shall have placed upon or securely 
attached to each box or separate parcel of such articles a distinct mark 
or label showing the name of the grower and of the place, district, 
county or state in this or any foreign country where grown and also 
such further marks or labels as the commissioner of said city may 
require to determine the liability of said articles to convey insect pests 
cr diseases endangering the horticultural interests of the city. 

Sec. 8. The owner or person in charge or in possession of any or- 
chard, nursery or other premises in the city of Riverside in or on which 
are growing any trees, plants, shrubs, or vines or vegetables, shall not 
allow any person to bring into his orchard, nursery or other premises 
any box, basket, packing sack (or contents of the same) ladder or other 
article liable to convey injurious insects and which has been used in 
picking or conveying fruit from any orchard, district or neighborhood 
where injurious insects are known to exist unless said article has been 
disinfected to the satisfaction of the horticultural commissioner of the 
city. Said owner or person in charge, or in possession of said orchard, 
nursery or other premises, shall report within twenty-four hours there- 
after to the commissioner whenever he or any person in his employ 
or on his premises shall find any red, purple, yellow, cottony cushion or 
other dangerous scale on any fruit tree, plant, vine, flower or vegetable 
on said premises; and shall keep the same a reasonable time safe from 
danger of distributing pest for the inspection of said commissioner. 



STATUTES, ETC., RELATING TO HORTICULTURE. 103 

Sec. 9. "Whenever any trees, vines, shrubs, scions, cuttings, roots, 
plants, or fruit pits brought into the city of Riverside shall, upon inspec- 
tion by the said commissioner, be found to have been shipped from any 
place, district, state or foreign country where peach yellows, peach ro- 
sette, phylloxera, red spider of the orange {Tetranyclius mytalaspidis) , 
or white fly {Alerodes citri) , purple scale, mealy bug, black peach aphis, 
or any other fruit pests, exists, or where there is good reason to believe 
that they or any of them exist ; and if, in the judgment of the com- 
missioner, danger may be justly apprehended of their introduction 
or of any of them by the articles so brought into the said city, and if 
said articles are liable to be affected with the above named diseases or 
infected with the above named insects, then all such articles are hereby 
declared a nuisance, and shall be destroyed under the direction of said 
commissioner at the expense of the owner or shipper thereof. 

Sec. 10. Any violation of any of the provisions of this ordinance 
shall constitute a misdemeanor and every person found guilty of violat- 
ing any of said provisions shall, upon conviction thereof, be fined in a 
sum of not more than three hundred dollars or by imprisonment in the 
city jail of said city for not more than three months, or be punished 
by both such fine and imprisonment. 

Sec. 11. The city clerk shall certify to the adoption of this ordi- 
nance and cause the same to be published once in the "Riverside Daily 
Press," a newspaper of general circulation, published daily within the 
city of Riverside. 

I hereby certify that the foregoing ordinance was adopted by the 
common council of the city of Riverside at its meeting held April 26th, 
1910, by the following vote : Ayes — Councilmen Ford, Masters, Waite, 
Chase, Strickler and Hanna. 

N. A. Jacobs, 

at!/ Clerk. 

Approved this 26th day of April. 1910. 

S. C. Evans, 

Mai/iir of the Citi/ of Riverside. 

Ordinance No. 96 — An ordinance regulating the granting of permits to persons 
and firms conducting the business of fumigating and spraying fruit trees 
and vines in Riverside county and providing a penalty for violation thereof. 

The hoard of supervisors of the county of Riverside, State of Cali- 
fornia, do ordain as follows: 
Section 1. Every person or firm engaging in, conducting or carry- 
ing on the business of spraying or fumigating fruit trees, plants, vines 
or orchards in the county of Riverside, shall obtain a permit therefor 
from the board of supervisors on the recommendation of the horticul- 
tural commissioner. Said commissioner shall, upon publication being 
made for any such permit, examine the apparatus to be used by the 
applicant in such business, and recommend such permit if he finds that 
the applicant understands the proper conduct of such business. His 
action in refusing a recommendation may be reviewed by the board of 



104 STATUTES, KTC, RELATING TO TIORTICULTUKE. 

supervisors, and if the board is satisfied from the evidence that the 
applicant is entitled to a permit the same may be granted. 

Sec. 2. Permit shall be issued as ordered for the term of three 
months at a quarterly fee of one dollar, paid to the clerk of the board 
of supervisors. 

Sec. 3. Whenever any person or firm holding such permit causes 
to be done any spraying or fumigating in a negligent manner, or uses 
therefor improper materials or an insufficient quantity thereof, or im- 
properly constructed apparatus, said horticultural commissioner may, 
upon notice to such person or firm, and after a hearing on the matter, 
recommend that the board of supervisors revoke the permit granted 
to such person or firm, giving reasons for the recommendation ; and the 
board shall grant the holder a hearing before taking action on the recom- 
mendation of the horticultural commissioner. 

Sec. 4. For the purpose of this ordinance every person or firm, 
either as owner, lessee or manager, who has charge of or directs the 
operations of any outfit used for commercial purposes in spraying or 
fumigating trees, plants, vines or orchards, shall be deemed to be en- 
gaged in such business, and be required to have a permit therefor. 
Any person or firm engaged in the work of eradicating insect pests 
by fumigation, spraying or other methods, shall submit to the horticul- 
tural commissioner, or his representative, at any time when such de- 
mand may be made, a correct statement of the amoimt of chemicals 
used, or to be used, in fumigating, or ingredients and strength of ma- 
terials used if sprayed, or any orchards, trees or vines, treated or to be 
treated by such person or firm. 

Sec. 5. It shall be the duty of any person or firm owning or operat- 
ing an outfit to report to the horticultural commissioner at the end of 
the month all work of eradicating insect pests during the current month, 
also number of trees treated and name of owner or owners of same. 

Sec. 6. Any person or firm engaged in fumigating or spraying 
under this ordinance who neglects to procure from the clerk of the 
board of supervisors the permit provided for. or refuses to comply 
with the above named requirements of the horticultural commissioner 
or to make the monthly reports herein provided for, or refuses or neg- 
lects to comply with the provisions of section 3 hereof, is guilty of a 
misdemeanor, and punishable by a fine not exceeding one hundred dol- 
lars or imprisonment in the county jail not exceeding thirty days. 

Sec. 7. The provisions of this ordinance shall not be construed to 
require the owner of any orchard to take out a license in order to eradi- 
cate the pests upon his own premises with his own apparatus. 

Sec. 8. The horticultural commissioner may issue temporary per- 
mits for the use of secret or proprietary insecticides on trees, orchards 
or vines on designated places, revocable at the pleasure of the commis- 
sioner. 

Sec. 9. This ordinance shall take effect and be in force from and 



STATUTES, ETC., RELATING TO HORTICULTURE. 105 

after the 1st day of January, 1910, and publication according to law, 
for at least one week previous to the said date. 

John Shaver, 

Chairman of the Board of Supervisors. 
Riverside Count ij, California. 

[seal.] 

Attest: A. B. Pilch. 

County Cleric and ex officio Clerk of the Board of Supervisors. 
Riverside County, State of California. 

SAN BERNARDINO COUNTY. 

Ordinance No. 122 — An ordinance to promote the horticultural interests of San 
Bernardino county, California, and providing for the inspection and de- 
struction of insect pests, and providing restrictions upon the importation 
of cuttings, etc. 

The hoard of supervisors of San Bernardino county, State of California, 

do ordain as follows: 

Section 1. No person or persons, firm or corporation, either as 
owner, agent, factor, broker, servant or other employee, shall bring for 
delivery or cause to be brought for delivery, into the county of San 
Bernardino, from any other place or places without said county, or from 
one district to another district within said county, any trees, plants, 
vines, fruit, fruit pits, shrubs, scions, cuttings, buds or grafts, boxes, 
ladders, props, picking sacks, tools or other appliances which have been 
used in orchards or in connection with the handling or transportation 
of trees, plants, vines, shrubs, scions, cuttings, ])uds, grafts or fruit 
without giving written notice of their arrival at their destination within 
twenty-four hours thereafter, and prior to their removal from said 
point of destination, to the horticultural connnissioners of said county, 
or to the local inspector of the district into which the same are so 
brought; nor shall either of the persons, parties, or corporations above 
named remove the same from the place of their destination until 
inspected as herein provided. (Amended by Ordinance No. 128, fol- 
lowing.) 

Sec. 2. No person or persons either as owner, agent, servant or 
employee, shall keep in store, plant, sell or expose for sale, give away 
or otherwise distribute any of the articles mentioned in section one (1) 
of this ordinance, or cause or permit the same to be stored, planted, 
sold, exposed for sale, given away or otherwise distributed, whether 
said articles were brought into said county of San Bernardino, State 
of California, or were raised or grown in said county, if i\iej are 
infested with any insect pest or their eggs, larvae or pupaj, or have any 
disease or fungus detrimental or injurious to vines or fruit trees or 
the product thereof, or to plant life ; nor until they shall have first been 
inspected as provided in section four (4) of this ordinance. 

Sec. 3. Any person or persons, corporation or corporations men- 
tioned in section one (1) of this ordinance who shall ship or bring or 
cause to be bi-ought or shipped into San Bernardino County. California. 
any trees, cuttings, buds, grafts, shrubs or plants, shall have placed 



106 STATUTES, ETC., RELATING TO HORTICULTURE. 

up6rL or securely attached to each package, box or separate parcel of 
such articles a distinct mark or label, showing the name of the owner, 
agent or shipper, the name of the grower and the place where grown. 

Sec. 4. Upon receiving the notification mentioned in section one (1) 
hereof, or any other information of such importation, the horticultural 
commission, or the local inspector receiving the same, shall, as soon 
thereafter as practical, carefully inspect the article, reference to which 
notice was served or information received. If it appears that the 
importation is of citrus trees, fruits, shrubs, scions, cuttings, grafts 
or buds, and that the same were grown in the states of Louisiana, 
Florida, Yuba County, California, or any other place infested with 
the w^hite fly (Aleyrodcs citri), red spider {Tetranychus mytilaspidis) , 
red scale {Aspidiotus aurantii), yellow scale (Aspidiotus citrinus), 
purple scale (Mytilaspidis citricola) or any other injurious insects, not 
prevalent in that locality, it shall be the duty of the horticultural com- 
mission to at once cause the same to be disinfected by a thorough appli- 
cation of kerosene emulsion. After such application the tree, shrub, 
scion, cutting, graft or buds shall remain in the custody of the importer 
in a place thoroughly isolated from any other citrus trees, fruits, shrubs, 
scions, cuttings, grafts or buds, and such place to be so arranged that 
if the same are infested with the white fly, red spider, red scale, yellow 
scale, or purple scale, said insect could not escape therefrom to other 
trees or plants in the neighborhood; and if not so isolated said plants 
are hereby declared to be a public nuisance, and it shall be the duty 
of the horticultural commission to cause the same to be destroyed. Two 
weeks after the first application as herein provided the same shall be 
again thoroughly treated to a kerosene emulsion, and again at the end 
of another period of two weeks the same shall be treated for the third 
time with kerosene emulsion. Thereafter such importation shall remain 
in the custody of the importer and without being set out -in orchard 
form, thoroughly isolated as aforesaid, for a period of at least one year, 
and the same shall be inspected as often during that period as in the 
judgment of the horticultural commission may be deemed necessary; 
and if upon such inspection it appears that the same are in fact infested 
with white fly, red spider, red scale, yellow scale or purple scale, in 
any stage of existence, or with their eggs, the entire consignment shall 
be at once destroyed by the horticultural commission. If it appears 
that the importation is of boxes, ladders, props, picking sacks, tools or 
other appliances which have been used in orchards or in connection with 
the handling or transportation of trees, plants, vines, shrubs, scions, 
cuttings, buds, grafts, or fruit from any place infested with the white 
fly, red spider, red scale, yellow scale or purple scale, or if it shall 
appear that the transportation of the same is from one district which 
is infected with the red spider, red scale, yellow scale or purple scale, 
or any other injurious insect within said county, to another district 
within said county, then it shall be the duty of the horticultural com- 
mission to cause the same to be disinfected by a thorough fumigation 
with cyanide of potassium. 



STATUTES, ETC., RELATING TO HORTICULTURE. 107 

Sec. 5. In addition to the foregoing treatment for the eradication 
of the insect pests known as the white fl.v, red spider, red scale, yellow 
scale or purple scale, in any stage of existence, or their eggs, the horti- 
cultural commission may require any additional treatment or disinfec- 
tion which, in their judgment, would more effectively disinfect the 
same; and shall require the wrappings in which said trees were im- 
ported to be burned or thoroughly disinfected. 

Sec. 6. If it shall appear that the importation, notice of which is 
required to be givein by section one (1) hereof, consists of grapevines, 
scions, rootings, grafts, buds or cuttings, from any grapevine grown in 
or shipped from any county in the State of California north of the 
north line of San Luis Obispo, Kern and San Bernardino counties, or 
from any district infected with phylloxera of the vine, it shall be the 
duty of the horticultural commissioners to cause said cuttings, vines, 
rootlings, grafts, scions or buds to be exposed for at least twenty-four 
hours to a saturated atmosphere of carbon bisulphide. Thereafter the 
said vines, rootlings, cuttings, grafts, scions or buds shall remain in the 
custody of the importer for such length of time as may in the judgment 
of the horticultural commission be necassary to determine whether or 
not the same are infected with phylloxera; not, however, less than six 
months. If at any time it shall appear upon inspection of such importa- 
tion that the same is infected M'ith phylloxera, the entire consignment 
shall be destroyed. 

Sec. 7. It shall be unlawful to sell or plant in orchard form, or 
to attach to any growing trees, scions or buds, from the states of 
Florida or Louisiana, or Yuba County, California, without first obtain- 
ing from the board of horticultural commissioners a written permit to 
such sale or use, stating that the same have been inspected and treated 
as hereinbefore provided, and that in the judgment of the said horti- 
cultural commi.ssion, the same are free from insect pests. 

Sec. 8. It shall be unlawful to sell any vines, cuttings, rootlings, 
grafts, scions or buds imported from the district north of the north line 
of Kern, San Luis Obispo and San Bernardino counties in the State of 
California, except upon the M'ritten permit of the board of horticultural 
commissioners, stating that sajd plants have been inspected and treated 
as hereinbefore provided, and that in their judgment the same are free 
from insect pests. 

Sec. 9. The horticultural commission shall adopt such rules in rela- 
tion to application for permits, provided for in the two preceding sec- 
tions as in their judgment may be necessary. 

Sec. 10. Any person importing for the purpose of sale any citrus 
plant, tree, vine, cutting, rooting, graft or l)ud from the states of 
Florida or Louisiana, Yuba County, California, or from any state or 
district or county infected with the white fly, red spider, red scale, 
yellow scale or purple scale ; and any person importing for the purpose 
of sale any vine, cutting, citrus trees, plant, rootling, graft or bud from 
any place herein designated as infected with phylloxera or importing 



108 STATUTES, ETC., RELATING TO HORTICULTURE. 

said vine or citrus plants from any other point hereafter designated on 
the minutes of the board of horticultural commissioners of San Bernar- 
dino County, as a point infected with the white tiy or phylloxera, red 
spider, red scale, yellow scale or purple scale respectively, shall pay a 
license of fifty dollars per quarter, which license shall he in the usual 
form of county licenses and issued by the tax collector and shall state 
the place or places for which the holder thereof is licensed and author- 
ized to import as aforesaicL Applications for such licenses shall be 
made to the said board of horticultural commissioners, and shall be 
accompanied by a good and sufficient bond with two sureties in the 
penal sum of five thousand dollars for the faithful compliance with the 
terms of this ordinance; and when approved by them, the tax col- 
lector shall be by them authorized to issue said license, but not before. 

Sec. 11. Every person who shall violate any of the provisions of 
this ordinance shall be deemed guilty of a misdemeanor ; and upon con- 
viction thereof shall be punished by a fine of not more than five hundred 
dollars or by imprisonment in the county jail not exceeding six months, 
or by both such fine and imprisonment. 

Sec. 12. This ordinance shall take efi:'ect and be in force fifteen days 
from and after its passage. 

Sec. 13. Ordinance number 104 entitled "An ordinance to promote 
the horticultural interests of San Bernardino County, California, and 
providing for the inspection and destruction of insect pests, and provid- 
ing restrictions upon the importation of cuttings, etc.," and all other 
ordinances in conflict with this ordinance, are hereby repealed. 

The foregoing ordinance, containing thirteen sections, was adopted 
by the board of supervisors of San Bernardino County, California, at 
their regular meeting held Tuesday, the 2d day of July, 1907. 

Present — Supervisors West, Reid, Nelson, Pine, and Glover. 

This ordinance was considered section by section and each section 
adopted separately, and afterwards this ordinance was adopted as a 
whole. Each section of, and this ordinance as a whole, was adopted by 
the unanimous votes of Supervisors J. H. West, E. W. Reid, A. P. Nel- 
son, Samuel Pine, and J. B. Glover. 

Witness our hands and the seal of the board of supervisors of San 
Bernardino County. California, this 2d day of July, 1907. 

E. W. Reid, 

Chainiiim of the Board of Siipervijiors. 

Ordinance No. 127 — An ordinance for the protection of the horticultural interests 
of the county of San Bernardino against the spread of insect pests. 

The hoard of supervisors of the county of San Bernardino, State of Cali- 
fornia, do ordain as follows: 
Section 1. The horticultural commission of the county of San Ber- 
nardino is hereby authorized and empowered to designate as a protected 
district, and to define the boundaries thereof of any district in said 
county, adjudged by said commission to be in need of protection against 
any injurious insect or insects. In designating and declaring any such 
protected district, the horticultural commission shall publish notice 



STATUTES, ETC., RELATING TO HORTICULTURE. 109 

thereof in a daily newspaper for one week, or a weekly newspaper for 
three weeks, published in the county of San Bernardino; such notice 
shall give the name of the protected district and describe its boundary. 

Sec. 2. No person or persons, firm or corporation, either as owner, 
agent, factor, broker, servant, or other employee, shall bring for use 
or delivery, or cause to be brought for use or delivery, from any place 
within the county of San Bernardino into any protected district duly 
designated and declared by the horticultural commission of said county 
to be a protected district, except to such places for inspection as may 
be granted by written permits by said commission, any tree, plant, vine, 
fruit, fruit pit, shrub, scion, cutting, bud, leaf, or graft, or any box, 
ladder, prop, picking sack, fruit clipper, plow, cultivator, harrow, 
marker, furrowing tool, harness, or other tool, implement or appliance 
whatsoever, that has been used in any citrus grove outside such pro- 
tected district, either in cultivating the soil, irrigating or preparing land 
for irrigation, picking or transporting citrus fruit, or handling or trans- 
porting any form of vegetable growth or product within or from any 
such citrus grove or nursery, without first obtaining permission in 
writing from the horticultural commission: of said county. 

Sec. 3. Every person who violates any provision of this ordinance 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not more than five hundred dollars or by 
imprisonment in the county jail not exceeding six months, or by both 
such fine and imprisonment. 

Sec. 4. This ordinance shall be in force and effect fifteen days from 
and after its passage. 

The foregoing ordinance, containing four sections, was adopted by 
the board of supervisors of San Bernardino county, California, at their 
regular meeting held on the 8th day of December. 1908. 

Present — Supervisors Reid, Nelson, Pine, and Glover. Absent — West. 

This ordinance was considered section by section and each section 
adopted separately, and afterwards this ordinance was adopted as a 
whole. Each section of, and this ordinance as a whole, was adopted by 
the unanimous vote of Supervisors E. W. Reid, A. P. Nelson, Samuel 
Pine, and J. B. Glover. 

Witness our hands and seal of the board of supervisors of San Ber- 
nardino county. State of California, this 8th day of December, 1908. 

E. W. Reid, 

Chdinnni) of the Board of Supervisors of the County 
of San Beniardino, State of California. 

[seal.] 
Attest : Charles Post, 

County Clerk and ex offieio Clerk 

of the Board of Siiperrisors. 

By R. M. Armstrong, 

Dcjnifn. 



110 STATUTES, ETC., RELATING TO HOKTICULTURE. 

Ordinance No. 128 — An ordinance amending section I of ordinance No. 122 
passed July 22, 1907, concerning the iiorticultural interests of tiie county of 
San Bernardino, State of California. 

The hoard of supervisors of the county of San Bernardino, State of Cali- 
fornia, do ordain as follows: 

Section 1. That section 1 of ordinance 122 of the county of San 
Bernardino, entitled "An ordinance to promote the horticultural inter- 
est of San Bernardino county, California, and providing for the inspec- 
tion and distribution of insect pests, and providing restrictions upon 
the importation of cuttings, etc.," passed by the board of supervisors 
of said county, July 2, 1907, be and the .same is hereby amended to 
read as follows: 

Section 1. No person, or persons, firm or corporation, either as 
missioner shall be appointed under the provisions of chapter 118 of 
use or delivery, or caiLse to ])e brought for use or delivery, into the 
county of San Bernardino, from any other place or places, outside of 
said eount}^, or from one district to another district within said county, 
except to such places for inspection as may be designated by the horti- 
cultural commission of said county as places of inspection, any trees, 
plants, vines, fruit, fruit pits, shrubs, scions, cuttings, buds, or grafts, 
boxes, ladders, props, picking sacks, tools, or other appliances which 
have been used in orchards or in connection with the handling or trans- 
portation of trees, plants, vines, shrubs, scions, cuttings, buds, grafts, 
or fruit, without first obtaining written permission of said horticultural 
commission of said county. None of the above named objects, things 
or articles, when brought from without the county of San Bernardino 
into the county of San Bernardino or from one district to another dis- 
trict within said county, to any place of inspection designated by said 
horticultural commission as a place of inspection, as above provided, 
shall be removed from said place of inspection until inspected and 
released as hereinafter provided. And no person or persons, firms or 
corporation, either as owner, agent, factor, broker, servant, or other 
employee, shall remove or cause to be removed, any of the above named 
objects, things, or articles from any nursery, or nursery yard, or place 
used as a nursery in the county of San Bernardino, to any other place 
in said county, without first obtaining certificate of inspection from 
said horticultural commission, showing the same to be free of insect 
pests. No person, or persons, firm or corporation, either as owner, agent, 
factor, broker, servant or other employee, shall remove from any pack- 
ing house, or from any other place used for the packing and shipment 
of fruits, any picking boxes which have previously been used in any 
district in the county of San Bernardino infected with insect pests, 
without first fumigating, or causing to be fumigated, said picking boxes 
with hydrocyanic acid gas. 

Sec. 2. This ordinance shall take effect and be in force fifteen days 
from and after its passage. 

The foregoing ordinance, containing two sections, was adopted by the 
board of supervisors, of San Bernardino County, State of California, 
at a regular meeting of said board held on the 14th day of December, 



STATUTES, ETC., RELATING TO HORTICULTURE. Ill 

1908. Present — Supervisors Reid, Nelson, Pine, and West; Super- 
visor Glover being absent. 

This ordinance was considered section by section and each section 
adopted separately, and afterward this ordinance adopted as a whole. 
Each section of, and this ordinance as a whole, was adopted by the 
unanimous vote of Supervisors E. W. Reid, A. P. Nelson, Samuel Pine, 
and J. H. West, Supervisor Glover being absent. 

Witness our hands and seal of the board of supervisors of San Ber- 
nardino county, California, this 14th day of December, 1908. 

E. W. Reid, 

Chairman of the Board of Supervisors of 
San Bernardino County, California. 

[seal,] 
Attest : Charles Post, 

County Clerk and ex officio Clerk, 

of the Board of Supervisors. 

By R. M. Armstrong, 

Deputy. 

Ordinance No. 136 — An ordinance regulating and licensing the business of fumi- 
gating and spraying fruit and nut trees and vines. 

The board of supervisors of the county of San Bernardino, State of Cali- 
fornia, do ordain as follows: 

Section 1. Every person, firm, or corporation who engages in, con- • 
ducts or carries on the business of spraying or fumigating trees, plants, 
vines or orchards, shall pay to the county tax collector a license fee of 
three dollars per quarter; provided, no such license shall be issued 
except upon the order of the board of supervisors of said county. Every 
person, firm or corporation desiring a license under the terms of this 
ordinance shall first make written application to the board of super- 
visors, whereupon said board shall instruct the horticultural commis- 
sion, or horticultural commissioner, when a county horticultural com- 
missioner shall be appointed under the provisions of chapter 118 of 
the statutes of the State of California, 1909, to examine the implements 
and apparatus to be used by said applicant in such business and report 
its or his findings to said board at its next regular meeting; provided, 
that said report and findings of said commission or commissioner shall 
be advisory only to said board of supervisors. Said board of super- 
visors shall order a license issued only after it finds from said report 
of said commission or commissioner or from any other evidence sub- 
mitted to it that the applicant understands the proper conduct of such 
business, and that the said implements and apparatus are properly con- 
structed and suitable for such business. 

Sec. 2. Whenever any person, firm or corporation holding such 
license does or causes to be done any spraying or fumigating in a negli- 
gent or unskillful manner or uses therefor improper materials or insuf- 
ficient quantity thereof, or improper apparatus or implements, said 
board of supervisors may, upon ten days' notice to such person, and 
after a hearing upon the matter, revoke and cancel any license granted 
to him under the terms of this ordinance. All such revocations shall 
be filed with the tax collector, and no firm, person or corporation whose 



112 STATUTES, ETC., RELATING TO HORTICULTURE. 

license has been revoked or to whom a license has been refused shall 
be granted a license within six months after the order of the board 
revoking the license or refusing to permit a license to issue. 

Sec. 3. For the purposes of this ordinance every person, firm or 
corporation, either as owner, lessee or manager, who has charge of or 
directs the operation of any outfit, used in spraying or fumigating 
trees, plants, vines or orchards on his own account, or as agent of 
another, shall be deemed to be engaged in such business and shall be 
required to have a license therefor. Any person engaged in the busi- 
ness of fumigating or spraying trees, plants, vines or orchards, or 
engaged in the work of eradicating insect pests by fumigation, spraying 
or other methods shall submit to the horticultural commission or com- 
missioner, or their or his representatives, at any time, on demand, a 
correct statement of the chemicals used, or to be used, if fumigated, or 
ingredients, or strength of materials used, if sprayed, and of any 
orchard, trees or vines treated or to be treated. 

Sec. 4. It shall be the duty of any person, firm or corporation own- 
ing or operating an outfit for fumigating or spraying trees, plants, 
vines or orchards, to report to the board of horticultural commissioners, 
or county horticultural commissioner, at the end of each and every 
month, all work of fumigating, spraying and eradication of insect pests 
during the current month, giving amount of chemicals used, if fumi- 
gated, and material and strength of same, if sprayed; also number of 
trees, plants and vines treated and the name of owner or owners of the 
same. 

Sec. 5. Every person, firm or corporation engaged in the business 
of fumigating or spraying trees, plants, vines or orchards under this 
ordinance, who neglects or refuses to procure from the county tax col- 
lector a license therefor, as provided herein, or who violates any of the 
provisions of this ordinance, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished by imprisonment in the county 
jail not exceeding six months or by a fine not exceeding five hundred 
($500.00) dollars, or by both such imprisonment and fine. 

Sec. 6. This ordinance shall take effect and be in force on and after 
the 10th day of September, 1909. 

The foregoing ordinance containing six sections was adopted by the 
board of supervisors of San Bernardino county, California, at a regu- 
lar meeting held on the 23d day of August, 1909. Supervisors present 
— E. W. Reid, E. V. Horton, J. B. Glover, Samuel Pine, and J. H. West. 
This ordinance was first considered section TDy section and each section 
adopted separately, and afterwards this ordinance was considered and 
adopted as a whole. Sections 1, 2, 3, 4, 5, and 6 of this ordinance, and 
this ordinance as a whole, was adopted by the unanimous vote of Super- 
visors E. W. Reid. S. V. Horton, J. B. Glover, Samuel Pine, and J. H. 
West. 

Witness our hands and seal of the board of supervisors of San Ber- 
rardino County. California, this 23d day of August, 1909. 

E. W. Reid, 

Ghairinan of the Board of Supervisors, Ooiivtj/ 
of San Bernardino. State of California. 



STATUTES, ETC., RELATING TO HORTICULTURE. 113 

SAN DIEGO COUNTY. 

Ordinance No. 130 — An ordinance to promote the horticultural interests of San 
Diego county, California, and providing for the inspection and destruction 
of insect pests, and providing restrictions upon the importation of cuttings, 
etc. 

The hoard of supervisors of San Diego county, State of California, do 

ordain as follows: 

Section 1. No person or pei^ons, firm or corporation, either as 
owner, agent, factor, broker, servant, or other employee, shall bring for 
delivery or cause to be brought for delivery into the county of San 
Diego, from any other place or places, without said county of San Diego, 
or from one district to another district within said county, any trees, 
plants, vines, shrubs, scions, cuttings, buds or grafts, boxes, ladders, 
props, picking sacks, tools or other appliances which have been used in 
orchards or in connection with the handling or transportation of trees, 
plants, vines, shrubs, scions, cuttings, buds, grafts or fruit, without 
giving written notice of their arrival at their destination within twenty- 
four hours thereafter, and prior to their removal from said point of 
destination, to the horticultural commissioners of said county, or to the 
local inspector of the district into which the same are so brought; nor 
shall either the pei-sons, parties or corporations above named remove the 
same from the place of their destination until inspected as hereinafter 
provided. 

Sec. 2. Any person or persons, corporation or corporations, men- 
tioned in section one of this ordinance, who shall ship or bring, or cause 
to be brought or shipped into San Diego County, California, any trees, 
cuttings, buds, grafts, shrubs, or plants, shall have placed upon or 
securely attached to each package, box, or separate parcel of such 
articles a distinct mark or label showing the name of the owner, agent 
or shipper, the name of the grower, and the place where grown. 

Sec. 3. Upon receiving the notification mentioned in section one 
hereof, or any other information, of such importation, the horticultural 
commission, or the local inspector receiving the same, shall, as soon 
thereafter as practicable, carefully inspect the article, reference to which 
notice was served or information received. If it appears that the 
importation is of citrus trees, shrul>s, scions, cuttings, grafts or buds, 
and that the same were grown in the states of Louisiana, Florida, or any 
other place infested with the white fly (Aleyrodes citri), red spider 
(Tetranychus mytilaspidis) , red scale (Aspidiotus aurantii), yellow 
scale (Aspidiotus citrinus), purple scale (Mytilaspis citricola), or any 
other injurious insects, not prevalent in that locality, it shall be the duty 
of the horticultural commission to at once cause the same to be disin- 
fected by a thorough application of kerosene emulsion. After such 
application the tree, shrub, scion, cutting, graft or buds, shall remain in 
the custody of the importer in a place thoroughly isolated from any 
other citrus trees, shrubs, scions, cuttings, grafts, or buds, and such 
])lace to be so arranged that if the same are infested with the white fly, 

8 — HS 



114 STATUTES, ETC., RELATING TO HORTICULTUEE. 

red spider, red scale, yellow scale, or purple scale, said insect could not 
escape therefrom to other trees or plants in the neighborhood, and if not 
so isolated said plants are hereby declared to be a public nuisance, and 
it shall be the duty of the horticultural commission to cause the same 
to be destroyed. Two weeks after the first application as herein pro- 
vided the same shall be again thoroughly treated to a kerosene emulsion, 
and again at the end of another period of two weeks the same shall be 
treated for the third time with kerosene emulsion. Thereafter such 
importation shall remain in the custody of the importer, and without 
being set out in orchard form, thoroughly isolated as aforesaid, for a 
period of at least one year, and the same shall be inspected as often 
during that period as in the judgment of the horticultural commission 
may be deemed necessary; and if upon any such inspection it appears 
that the same are in fact infested with white fly, red spider, red scale, 
yellow scale or purple scale in any stage of existence, or with their eggs, 
the entire consignment shall be at once destroyed by the horticultural 
commission. If it appears that the importation is of boxes, ladders, 
props, picking sacks, tools or other appliances which have been used in 
orchards or in connection with the handling or transportation of trees, 
plants, vines, shrubs, scions, cuttings, buds, grafts or fruit, from any 
place infested with the white fly, red spider, red scale, yellow scale or 
purple scale ; or if it shall appear that the transportation of the same 
is from one district which is infested with the red spider, red scale, 
yellow scale or purple scale, or any other injurious insect within said 
county to another district within said county, then it shall be the duty 
of the horticultural commission to cause the same to be disinfected by a 
thorough fumigation with cyanide of potassium. 

Sec. 4. In addition to the foregoing treatment for the eradication 
of the insect pests known as the white fly, red spider, red scale, yellow 
scale or purple scale, in any stage of existence, or their eggs, the hor- 
ticultural commission may require any additional treatment or disin- 
fection which, in their judgment, would more effectively disinfect the 
same ; and shall require the wrappings in which said trees were imported 
to be burned or thoroughly disinfected. 

Sec. 5. If it shall appear that the importation, notice of which is 
required to be given by section one (1) hereof, consists of grapevines, 
scions, rootings, grafts, buds or cuttings, from any grapevine grown 
in or shipped from any county in the State of California north of the 
north line of San Luis Obispo, Kern, and San Bernardino counties, or 
from any district infested with phylloxera of the vines, it shall be the 
duty of the horticultural commissioners to cause said cuttings, vines, 
rootings, grafts, scions or buds to be exposed for at least twenty-four 
hours to a saturated atmosphere of carbon bisulphide. Thereafter the 
said vines, rootlings, cuttings, grafts, scions or buds shall remain in the 
custody of the importer for such length of time as may in the judgment 
of the horticultural commission be necessary to determine whether or 
not the same are infested with phylloxera; not, however, less than six 
months. If at any time it shall appear upon inspection of such im- 



STATUTES, ETC., RELATING TO HORTICULTURE. 115 

portation that the same is infested with phylloxera, the entire consign- 
2nent shall be destroyed. 

Sec. 6. It shall be unlawful to sell or plant in orchard form, or to 
attach to any growing trees in the county of San Diego, any citrus 
cuttings, grafts, trees, scions or buds, from the states of Florida or 
Louisiana without first obtaining from the board of horticultural com- 
missioners a written permit for such sale or use, stating that the same 
have been inspected and treated as hereinbefore provided ; and that in 
the judgment of the said horticultural commission the same are free 
from insect pests. 

Sec. 7. It shall be unlawful to sell any vines, cuttings, rootlings, 
grafts, scions or buds imported from the district north of the north 
line of Kern, San Luis Obispo, and San Bernardino counties, in the 
State of California, except upon the written permit of the board of 
horticultural commissioners, stating that said plants have been inspected 
and treated as hereinbefore provided, and that in their judgment the 
same are free from insect pests. 

Sec. 8. The horticultural commission shall adopt such rules in 
relation to application for permits provided for in the two preceding 
sections as in their judgment may be necessary. 

Sec. 9. Every person who shall violate any of the provisions of this 
ordinance shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not more than five hun- 
dred dollars, or by imprisonment in the county jail not exceeding six 
months, or by both such fine and imprisonment. 

Sec. 10. This ordinance shall take effect and be in force on and 
after the 25th day of February, 1905, and a copy thereof shall be 
jjrinted and published in the "San Diegan Sun," a newspaper printed 
and published in said San Diego County, for two weeks before said 
date. 

Passed, approved and adopted this 9th day of February, 1905. 

Wm. Justice, 

Chairman of the Board of Supervisors 
of San Diego County, California. 

Ordinance No. 186 — An ordinance amending Ordinance No. 130 of tlie ordinances 
of the county of San Diego, and adding a new section thereto to be knOwn 
as section 7a "making it unlawful for any person to sell or expose for sale 
any fruit or vegetables infested with scale or other insect injurious to trees, 
plants, vines, fruits or vegetables." 

The hoard of supervisors of San Diego county, State of California, do 

ordain as folloivs: 

Section la. It shall be unlawful for any person, either as owner, 
agent or employee, to sell, or expose for sale, to keep or have for sale, 
or to give away any fruit or vegetable that is infested with any scale 
or other insect injurious to trees, plants, vines, fruits or vegetables, 
or that is infested with the egg, larva or pupa of such insect, or that 
is wholly or partially decayed, or that has been frost bitten, or that 
is affected in any manner so as to be unwholesome or unfit for food. 

Sec. lb. This ordinance shall take effect and be in force at the 



116 STATUTES, ETC., RELATING TO HORTICULTURE. 

expiration of fifteen days from and after its passage, and before the 
expiration of the said fifteen daj^s the same shall be published with the 
names of the members voting for and against the same, for at least one 
week in the ' ' San Diego Union and Daily Bee, ' ' a newspaper of general 
circulation published in the said county of San Diego. 

Sec. 7c. All ordinances or parts of ordinances in conflict herewith 
are hereby repealed. 

Passed, approved and adopted this 13th day of October, A. D. 1910. 

T. J. Fisher, 

Chairman of the Board of Supervisor-^ 
of San Diego Countif, California. 

SAN JOAQUIN COUNTY. 
Ordinance No. 333 — Concerning horticultural interests. 

The hoard of supervisors of the county of San Joaquin do ordmn as 

follows : 

Section 1. No person or persons, either as owner, agent, servant or 
employee, shall bring or cause to be brought into San Joaquin County, 
California, from any foreign country, district, county or state, any 
trees, vines, scions, cuttings, grafts, fruits, plants or fruit pits without 
giving notice within twenty-four hours after their arrival at their desti- 
nation to the county commissioner of horticulture of said county, or to 
the local inspector of the district into which they are brought ; nor plant, 
sell or expose for sale, give away or otherwise distribute any of the arti- 
cles mentioned in this section, or cause the same to be done, until they 
shall first have been inspected as hereinafter provided and disinfected 
to the satisfaction of the county commissioner of horticulture of said San 
Joaquin County, or the local inspector thereof, acting under the direc- 
tion of said county commissioner of horticulture. Upon receiving the 
notification mentioned in this section, or any other information of such 
importation, the horticultural commissioner, or the local inspector 
receiving the same, shall, as soon thereafter as practical, carefully 
inspect the article, reference to which notice was served or information 
received. 

Sec. 2. If upon a careful inspection by the county commissioner 
of horticulture, or a local inspector of said county of San Joaquin, any 
of the articles enumerated in section one (1) of this ordinance shall be 
found to be infested with any live scale or insect pests detrimental or 
injurious to fruit trees or the product thereof, or to plant life, such 
infested articles shall be removed from the limits of the county within 
forty-eight hours, at the expense of the owner, agent or shipper, or 
destroyed. The owner, agent or shipper shall have the right to elect 
as to the removal of said infested articles from the county or to have 
the same destroyed, by order and under the direction of the county 
commissioner of horticulture. 

Sec. 3. Whenever the county commissioner of horticulture for the 
safety of the horticultural interests of the county, he may hold in quar- 
antine for subsequent inspection or disinfection, or both, any of the 



STATUTES, ETC., RELATING TO HORTICULTURE. . 117 

articles mentioned in section one (1) of this ordinance, for fourteen 
days or less, as in his judgment is necessary. 

Sec. 4. The county commissioner of horticulture is hereby author- 
ized to require any or all articles as enumerated in section one (1) of 
this ordinance brought into San Joaquin County to be disinfected, even 
though a careful inspection by a horticultural commissioner or local 
inspector should show such articles to be apparently free from scale or 
insect pest. 

Sec. 5. Every owner or owners, person or persons in charge or pos- 
session of any orchard, nursery or premises in San Joaquin County on 
which are growing any vines, trees, shrubs, plants, vegetables or flowers 
infested with red or cottony cushion scale, or eggs, larvas or pupae 
thereof, shall, when required by the county commissioner of horticulture, 
as in his discretion may seem necessary, cut back and disinfect or fumi- 
gate said infested trees, vines, shrubs, plants, flowers or vegetables, as 
well as all other articles as above mentioned that may be in the vicinity 
of such infested articles, and on refusal or neglect to comply at once 
therewith, to dig out and destroy the same as said county commissioner 
of horticulture may direct. 

Sec. 6. Any person or persons who shall ship or bring, or cause to 
be shipped or brought into San Joaquin County any trees, vines, scions, 
cuttings, grafts, shrubs, fruits, plants or fruit pits shall have placed 
upon or securely attached to each box, package or separate parcel of such 
trees, vines, scions, cuttings, grafts, shrubs, fruits, plants, flowers, vege- 
tables or tubers a distinct mark or label showing the name of the owner, 
agent or shipper and the locality where produced ; and in case of nursery 
stock, also the name and number of each variety contained in the box, 
package or parcel. 

Sec. 7. Any person violating any of the provisions of this ordinance 
shall be guilty of a misdemeanor, and on conviction thereof shall be 
punished by imprisonment in the county jail not less than ten days nor 
more than one hundred days, or by a fine not less than ten dollars nor 
more than one hundred dollars, or by both such fine and imprisonment. 
A judgment that the defendant pay a fine may also direct that he be 
imprisoned until the fine is satisfied, specifying the extent of imprison- 
ment, which must not exceed one day for every two dollars of the fine. 

Sec. 8. All ordinances or parts of ordinances in conflict with the 
provisions of this ordinance are hereby repealed. 

Sec. 9. This ordinance shall take efl'ect and be in force on and after 
the 20th day of April, 1911. 

Passed on this 3d day of April, 1911. Ayes — Supervisors Newton, 
French, Ansbro,Wright and Tretheway. Noes — None. 

E. E. Tretheway, 

Chairman' of the Board of ISupcrvisors 
of San Joaquin County, California. 

Note. — We have only one county ordinance in force in San Joaquin 
County for the protection of horticulture and agricultural interests and 
is found very efficient and is not only law but is a law enforced to the 



118 STATUTES, ETC., RELATING TO HORTICULTURE. 

letter. We have the hearty cooperation of all the railroads, express 
agents, and also the officers at all the boat landings. All goods that we 
have jurisdiction over are inspected before delivery is given. Any 
plants carried by the United States mail, the postmaster has agreed to 
give this office notice of same and as soon as they come out of the post 
office we have the right to inspect the same or follow them to their 
destination. 

(Signed) William Garden, 

County Horticultural Commissioner. 

SOLANO COUNTY. 
Ordinance No. 65. 

Section 2. All owners of lands within the said county of Solano 
are required to eradicate such thistles and weeds, aforesaid, within 
ninety days after the taking effect of this ordinance, and thereafter to 
keep their said lands free and clear therefrom. That in the event that 
any owner of land within the said county of Solano refuses or neglects 
to eradicate such thistles and noxious weeds from their respective lands 
within said period, that the same shall be eradicated by the said county 
of Solano, and that the cost thereof shall be a legal charge against the 
owner of said land. 

Sec. 4. All ordinances and parts of ordinances in conflict with this 
ordinance are hereby repealed. 

Sec. 5. That this ordinance shall take effect and be in force imme- 
diately after its passage, upon due publication. 

Adopted this 3d day of April, A. D. 1905, by the following vote: 
Ayes^Fleming, Chadbourne, Payne, Widenmann, and Sullivan (chair- 
man) . Noes — None. 

Approved this 3d day of April, 1905. 

J. E. Sullivan, 

Chairman of the Board of Supervisors 
of the said County of Solano. 

Attest : G. G. Halliday, 

County Clerk. 

SONOMA COUNTY. 

Ordinance No. 26 — An ordinance to promote the horticultural interests of Sonoma 
county by placing a quarantine on all trees, plants, vines, shrubs, scions, 
cuttings or grafts, brought into the county. 

The hoard of supervisors of the county of Sonoma do ordain as follows: 
Section 1. No person, or persons, corporation or corporations, 
either as owner, agent, factor, broker, servant, or employee, shall bring 
for delivery into Sonoma County, California, from any place or places 
without said county, any trees, plants, vines, shrubs, scions, cuttings, 
or grafts, without giving written notice of their arrival at their destina- 
tion within twenty-four hours thereafter to the horticultural commis- 
sion of said county, or to the local inspector of the district into which 
the same are so brought; nor shall either of the persons or parties 



STATUTES, ETC., RELATING TO HORTICULTURE. 119 

above named remove or use or cause the removal of the same from the 
place of their arrival at their destination, until inspected as hereinafter 
provided. 

Sec. 2. On receiving the notification mentioned in section one 
hereof, the horticultural commission, or local inspector receiving the 
i^ame, shall, as soon thereafter as practicable, carefully inspect the 
articles relative to which said notice was served. 

Sec. 3. Any person or persons within the county of Sonoma who 
shall ship or bring, or cause to be shipped or brought into Sonoma 
County, California, any trees, vines, scions, cuttings, grafts, shrubs, 
or plants, shall have placed upon and securely attached to each box, 
package or separate parcel of such articles, a distinct mark or label 
.showing the name of the owner, agent or shipper, the name of the 
grower and the place where grown. 

Sec. 4. It shall be the duty of the county horticultural commission 
to enforce the provisions of this ordinance, and for such purpose it 
may make such rules and regulations as in its judgment is necessary 
to make such ordinance effective. 

Sec. 5. Any person violating any of the provisions of this ordi- 
nance shall be guilty of a misdemeanor, and on conviction thereof shall 
be punished by imprisonment in the county jail not less than five days 
nor more than six months, or by fine of not less than five dollars, nor 
more than five hundred dollars, or by both such fine and imprisonment. 

A judgment that the defendant pay a fine may also direct that he 
be imprisoned until the fine be satisfied, specifying the extent of the im- 
prisonment, which must not exceed one day for every dollar of the fine. 

Sec. 6. This ordinance shall take effect and be in force on and 
after the 26th day of December, 1891. 

Sec. 7. All ordinances or parts of ordinances^ now in force and in 
conflict with this ordinance are hereby repealed. 

F. A. Smith, 

Chairman of the Board of Supervisors. 

STANISLAUS COUNTY. 

Ordinance No. 60 — An ordinance relating to the bringing and importing vines, 
grapevine cuttings, nursery stock, trees, shrubs, plants, grafts, scions, buds 
or fruit pits into the county of Stanislaus. 

l^he hoard of supervisors of the county of Stanislaus do ordain as 

follows: 

Section 1. It is hereby declared unlawful for any person, firm or 
corporation to bring into the county of Stanislaus any rooted grape- 
vine. 

Sec. 2. It is hereby declared unlawful for any person, firm or cor- 
poration, to bring into the county of Stanislaus any unrooted grape- 
vine cutting, unless the same has been fumigated with bisulphide of 
carbon immediately before bringing it into the county or the same is 
immediately fumigated after arrival and before being taken to the 
place where the same is to be planted. 



120 



STATUTES, ETC., RELATING TO HORTICULTURE. 



Sec, 3. Any person, firm or corporation, either as owner or agent, 
wlio shall receive, bring or cause to be brought into the county of Stan- 
islaus any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, 
scions, buds or fruit pits, shall within twenty-four iiours after the 
arrival thereof, notify the horticultural commissioner or the quarantine 
guardian of the district in which such nursery stock is received, of its 
arrival, and hold the same until said quarantine officer orders the 
delivery. 

Sec. 4. It is hereby declared to be unlawful for any person, firm 
or corporation to knowingly bring, ship, carry or transport into the 
county of Stanislaus any trees, plants, vines, shrubs, scions, cuttings 
or grafts infested with codling moth, scale or any other injurious insects 
or their larvtE, or Russian thistle, that is injurious to fruit, fruit trees, 
vines or other plants or vegetables. 

Sec. 5. Any person, firm or corporation violating this ordinance is 
guilty of a misdemeanor and is punishable by a fine not exceeding the 
oum of five hundred dollars or imprisonment in the county jail not 
exceeding six mouths or by both such fine and imprisonment. 

Sec. 6, This ordinance shall take effect from and after fifteen days 
after the passage and publication thereof. 

Adopted this 13th day of December, 1905, in open session of the 
board by the following vote : Ayes — J. W. Davison, W. P. Coffee, A. E. 
Clary, and T. J. Carmichael. Noes — None. Absent — M. A. Lewis. 

T. J. Carmichael, 

Chairman of the Board of Supervisors. 

SUTTER COUNTY. 

An ordinance to prevent the introduction and spread of phylloxera and Anaheim 
or mysterious vine disease in the county of Sutter, State of California, 
and to provide for the disinfection of grapevine cuttings, and the limbs 
and scions thereo/, etc. 

The board of supervisors of the county of Sutter, State of California, 

do ordain as folloivs: 

Section 1. That no person or persons, firm, corporation or associa- 
tion of persons shall import, bring, convey, ship, haul, transport or in 
any wise deliver into this the county of Sutter, State of California, or 
any part or portion of this county, nor shall any person or persons, firm, 
corporation or association of persons receive as owner, agent, representa- 
tive, assignee or consignee in this the said county of Sutter or any part 
or portion thereof, any grapevines, grapevine roots or grapevine root- 
lings, of any species, unless such person, firm, corporation or association 
of persons, owner, agent, representative, assignee, or consignee, shall 
first receive or obtain from the state commissioner of horticulture of the 
State of California, a written certificate showing that phylloxera and 
Anaheim or mysterious vine disease, has not existed in the county from 
which such grapevines, grapevine roots, or grapevine rootlings were 
propagated, raised or grown, for the period of five years immediately 
preceding such shipment thereof. 

Sec. 2. That no person or persons, corporation or association of 



STATUTES, ETC., REI^ATING TO HORTICULTURE. 121 

persons, either as owner, agent, factor, broker, servant or employee, shall 
bring for delivery into the county of Sutter from any place without 
said county of Sutter, any grapevine cuttings or the scions, buds or 
limbs of any grapevine, without giving written notice of their arrival 
at their destination within twenty-four hours thereafter to the horticul- 
tural commissioners of said county of Sutter; nor shall any of the 
persons or parties above named remove, or permit to be removed, or 
use or cause the removal of the same from the place of their arrival until 
inspected by the horticultural commissioners of the county of Sutter. 
If, upon such inspection, said horticultural commissioners of said county 
of Sutter deem that said grapevine cuttings, scions, buds and limbs of 
any grapevine should be disinfected to guard against either of said 
diseases above named then said horticultural commissioners shall disin- 
fect or cause said grapevine cuttings, scions, buds and limbs of grape 
vines to be disinfected at the expense of the owner or consignee. 

Sec. 3. Any and all grapevines or their roots, rootlings, cuttings, 
limbs, and the scions or buds of grapevines brought into this county, 
or that may hereafter be brought into this county, not in accordance 
with the restrictions in this ordinance specified are herebj^ declared to 
be a nuisance, and it is hereby made the duty of the said board of horti- 
cultural commissioners of said Sutter County to seize and destroy the 
same, and to take all proper measures to enforce this ordinance. 

Sec. 4. Any person or persons, firm, corporation or association of 
persons violating any of the provisions of this ordinance shall be guilty 
of a misdemeanor, and upon conviction thereof shall be punished by a 
fine not exceeding five hundred dollars, or by imprisonment in the 
county jail for not more than six months, or by both fine and imprison- 
ment, or either, at the discretion of the court. 

Sec. 5. This ordinance shall take effect on the 24th day of Novem- 
ber, 1906, and before taking effect shall be published for one week in 
the "Sutter County Farmer," a newspaper printed and published 
weekly in said Sutter County. 

Passed and approved by the board of supervisors of the county of 
Sutter, State of California, this 8th day of November. 1906. by the 
following vote : Ayes — F. H. Graves, E. J. White, W. P. Niesen, John 
Burns, F. J. Michel. Noes — None. 

F. H. Graves, 

Chairman of the Board of Supervisors of the 
County of Sutter, State of California. 

TEHAMA COUNTY. 

Ordinance No. 34 — An ordinance prohibiting the importation of nursery stock, 
trees, shrubs, plants, vines, cuttings, grafts, scions or buds known to be 
infested or to carry the Florida white fly (Aleyrodes citri) into the county 
of Tehama, State of California. 

The board of supervisors of the county of Tehama do ordain as follows: 
Section 1. Any person, persons, firm or corporation who shall ship, 
bring or cause to be brought into the county of Tehama, State of Cali- 
fornia, any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, 



122 STATUTES, ETC., RELATING TO HORTICULTURE, 

scions or buds known to be infested or to carry the Florida white % 
(Aleyrodes citri) is guilty of a misdemeanor and punishable by a fine 
not less than twenty-five dollars or by imprisonment in the county jail 
of the county of Tehama not less than twenty-five days. 

Sec. 2. This ordinance shall take effect and be in force from and 
after fifteen days after its passage, and before the expiration of the said 
fifteen days the same shall be published with the names of the members 
voting for and against the same for one week in the "Red Bluff Daily 
News, ' ' a newspaper published in the county of Tehama, State of Cali- 
fornia. 

Passed and adopted this 7th day of January, A. D. 1908. 

H. C. Kauffman, 

Chairman (pro tem.) of the Board of Supervisors of 
the County of Tehama, State of California. 

VENTURA COUNTY. 

Ordinance No. 151 — An ordinance to promote the horticultural interests of Ven- 
tura county, California, and providing for the inspection and destruction 
of insect pests, and providing restrictions upon the importation of cuttings, 
etc. 

The hoard of supervisors of Ventura county, State of California, do 

ordai^i as follows: 

Section 1. No person or persons, firm or corporation, either as 
owner, agent, factor, broker, servant or other employee, shall bring 
for delivery or cause to be brought for delivery, into the county of Ven- 
tura, from any other place or places, without said county, or from one 
district to another district within said county, any trees, plants, vines, 
fruit, fruit pits, shrubs, scions, cuttings, buds, or grafts, boxes, ladders, 
props, picking sacks, tools or other appliances which have been used in 
orchards or in connection with the handling or transportation of trees, 
plants, vines, shrubs, scions, cuttings, buds, grafts or fruit without 
giving written notice of their arrival at their destination within twenty- 
four hours thereafter, and prior to their removal from said point of 
destination to the horticultural commissioners of said county, or to 
the local inspector of the district into which the same are so brought; 
nor shall either of the persons, parties, or corporations above named 
remove the same from the place of their destination until inspected as 
hereinafter provided. 

Sec. 2. No person or persons either as owner, agent, servant or 
employee, shall keep in store, plant, sell or expose for sale, give away 
or otherwise distribute any of the articles mentioned in section one (1) 
of this ordinance, or cause or permit the same to be stored, planted, 
sold, exposed for sale, given away or otherwise distributed whether said 
?)rticles were brought into said county of Ventura, State of California, 
or were raised or grown in said county, if they are infested with any 
insect pest or their eggs, larvge or pupse, or have any disease or fungus 
detrimental or injurious to vines or fruit trees or the produce thereof, 
or to plant life; nor until they shall have first been inspected as pro- 
vided in section four (4) of this ordinance. 



STATUTES, ETC., RELATING TO HORTICULTURE. 123 

Sec. 3. Auy person or persons, corporation or corporations men- 
tioned in section one (1) of this ordinance who shall ship or bring or 
cause to be brought or shipped into Ventura County, California, any 
trees, cuttings, buds, grafts, shrubs or plants, shall have placed upon 
or securely attached to each package, box or separate parcel of such 
articles a distinct mark or label, showing the name of the owner, agent 
or shipper, the name of the grower and the place where grown. 

Sec. 4. Upon receiving the notification mentioned in section one (1) 
Ijereof, or any other information of such importation, the horticultural 
commission, or the local inspector receiving the same, shall, as soon 
thereafter as practical, carefully inspect the article, reference to which 
notice was served or information received. If it appears that the 
importation is of citrus trees, fruits, shrubs, scions, cuttings, grafts 
or buds, and that the same were grown in the states of Louisiana, 
Florida, Yuba County, California, or any other place infested with 
the white fly (Aleyrodes citri), red spider {TetranycJius mytilasjndis) , 
red scale (Chrysomphahis aurantii), yellow scale (Chrysomphalus 
aurantii citrinus), purple scale {Lepidosaphes heckii), or any other 
injurious insects, not prevalent in that locality, it shall be the duty of 
the horticultural commission to at once cause the same to be disinfected 
by a thorough application of kerosene emulsion. After such applica- 
tion the tree, shrub, scion, cutting, graft or buds shall remain in the 
custody of the importer in a place thoroughly isolated from any other 
citrus trees, fruits, shrubs, scions, cuttings, grafts or buds, and such 
places to be so arranged that if the same are infested with the white fly, 
red spider, red scale, yellow scale, or purple scale, said insect could not 
escape therefrom to other trees or plants in the neighborhood, and if 
not so isolated said plants are hereby declared to be a public nuisance, 
end it shall be the duty of the horticultural commission to cause the 
.same to be destroyed. 

Two weeks after the first application as herein provided the same 
shall be again thoroughly treated to a kerosene emulsion, and again at 
the end of another period of two weeks the same shall be treated for the 
third time with kerosene emulsion. Thereafter such importation shall 
remain in the custody of^ the importer and without being set out in 
orchard form, thoroughly isolated as aforesaid, for a period of at 
least one year, and the same shall be inspected as often during that 
period as in the judgment of the horticultural commission may be 
deemed necessary; and if upon such inspection it appears that the 
same are in fact infested with white fly, red spider, red scale, yellow 
scale or purple scale, in any stage of existence, or with their eggs, the 
entire consignment shall be at once destroyed by the horticultural 
commission. If it appears that the importation is of boxes, ladders, 
props, picking sacks, tools or other appliances which have been used 
in orchards or in connection with the handling or transportation of 
trees, plants, vines, shrubs, scions, cuttings, buds, grafts, or fruit from 
any place infected with the white fly, red spider, red scale, yellow scale 
or purple scale, or if it shall appear that the transportation of the 



124 STATUTES, ETC., RELATING TO HORTICULTURE. 

same is from one district which is infected with the red spider, red 
scale, yellow scale or purple scale, or any other injurious insect within 
said county to another district within said county, then it shall be the 
duty of the horticultural commission to cause the same to be disinfected 
by a thorough fumigation with cyanide of potassium. 

Sec. 5. In addition to the foregoing treatment for the eradication 
of the insect pests known as the white fly, red spider, red scale, yellow 
scale or purple scale, in any stage of existence or their eggs, the hor- 
ticultural commission may require any additional treatment or disin- 
fection which, in their judgment, would more effectively disinfect the 
same; and shall require the wrappings in which said trees were im- 
ported to be burned or thoroughly disinfected. 

Sec. 6. If it shall appear that the importation, notice of which is 
required to be given by section one (1) hereof, consists of grapevines, 
scions, rootlings, grafts, buds or cuttings from any grapevine grown 
]n or shipped from any county in the State of California north of the 
north line of San Luis Obispo, Kern, and San Bernardino counties, or 
from any district infected with phylloxera of the vine, it shall be the 
duty of the horticultural commissioners to cause said cuttings, vines, 
rootlings, grafts, scions or buds to be exposed for at least twenty-four 
hours to a saturated atmosphere of carbon bisulphide. Thereafter 
the said vines, rootlings, cuttings, grafts, scions or buds, shall remain 
in the custody of the importer for such length of time as may in the 
judgment of the horticultural commission be necessary to determine 
whether or not the same are infected with phylloxera; not, however, 
less than six months. If at any time it shall appear upon inspection of 
such importation that the same is infected with phylloxera, the entire 
consignment shall be destroyed. 

Sec. 7. It shall be unlawful to sell or plant in orchard form, or to 
attach to any growing trees, scions or buds from the states of Florida 
or Louisiana, or Yuba County, California, without first obtaining from 
the board of horticultural commissioners a written permit to such 
sale or use, stating that the same have been inspected and treated as 
hereinbefore provided, and that in the judgment of the said horticul- 
tural commission, the same are free from insect pests. 

Sec. 8. It shall be unlawful to sell any vines, cuttings, rootlings, 
grafts, scions or buds imported from the district north of the north line 
of Kern, San Luis Obispo, and San Bernardino counties in the State 
of California, except upon the written permit of the board of horti- 
cultural commissioners, stating that said plants have been inspected 
«nd treated as hereinbefore provided, and that in their judgment the 
same are free from insect pests. 

Sec. 9. The horticultural commission shall adopt sucli rules in 
relation to application for permits provided for in the two preceding 
sections as in their judgment may be necessary. 

Sec. 10. Any person importing for the purpose of sale any citrus 
plant, tree, vine, cutting, rootling, graft or bud from the states of 
Florida or Louisiana, Yuba County, California, or from any state or 



STATUTES, ETC., RELATING TO HORTICULTURE. 125 

district or county infected with the white fly, red spider, red scale, 
yellow scale or purple scale; and any person importing for the pur- 
pose of sale any vine, cutting, citrus trees, plant, rootling, graft or bud 
from any place herein designated as infected with phylloxera, or 
importing said vine or citrus plants from any other point hereafter 
designated on the minutes of the board of horticultural commissioners 
of Ventura County, as a plant infected with the white fly or phylloxera, 
red spider, red scale, yellow scale or purple scale, respectively, shall 
pay a license of fifty dollars per quarter, which license shall be in the 
usual form of county licenses and issued by the tax collector and shall 
state the place or places for which the holder thereof is licensed and 
authorized to import as aforesaid. Applications for such licenses shall 
be made to the said board of horticultural commissioners, and shall be 
accompanied by a good and sufficient bond with two sureties in the 
penal sum of five thousand dollars for the faithful compliance with 
the terms of this ordinance; and when approved by them, the tax col- 
lector shall be by them authorized to issue said license, but not before. 

Sec. 11. Everj' person who shall violate anj^ of the provisions of 
this ordinance shall be deemed 'guilty of a misdemeanor; and upon 
conviction thereof shall be punished by a fine of not more than five 
hundred dollars or by imprisonment in the county jail not exceeding 
six months, or by both such fine and imprisonment. 

Sec. 12. Ordinance No. 18 of Ventura County as passed and adopted 
by the board of supervisors of said Ventura County on the 2d day of 
February, 1886, and all other ordinances in conflict with this ordinance, 
are hereby repealed. 

Sec, 13. This ordinance shall take effect and be in force on and 
after the 10th day of August, 1908, and prior to the expiration of 
fifteen days from the passage thereof shall be published for at least 
one week in the "Weekly Democrat," a newspaper of general circu- 
lation, printed and published in said county of Ventura, together mth 
the names of the members of the board of supervisors voting for and 
against the same. 

Passed and adopted this 16th day of July. 1908. 

[Seal.] F. Hart man, 

Chairman of the Board of Supervisors of the 
County of Ventura, State of California. 

Ordinance No. 161 — An ordinance regulating the business of fumigating and 
spraying fruit and nut trees and vines within Ventura county, California. 

The board of supervisors of the county of Ventura, State of California, 

do ordain as folloivs: 
Section 1. Every person, firm or corporation Avho engages in, con- 
ducts or carries on the business of spraying or fumigating trees, plants, 
vines or orchards shall first make written application to the county 
horticultural commissioner, who. upon finding that the applicant under- 
stands the proper conduct of such business, and that the implements 
and apparatus to be used are properly constructed and suitable for 



126 STATUTES, ETC., RELATING TO HORTICULTURE. 

such business, shall issue to said applicant a written permit to carry 
on said business in this county under the rulings of this ordinance. 

Sec. 2. Whenever any person, firm or corporation holding such 
written permit does or causes to be done any spraying or fumigating 
in a negligent or unskillful manner, or uses therefor improper materials 
or an insufficient quantity thereof, or improper apparatus or imple- 
ments, the board of supervisors of Ventura County maj^, upon ten 
days' written notice to such person, and after a hearing upon the 
matter, revoke and cancel any such written permit granted to him 
under the terms of this ordinance. 

Sec. 3. For the purposes of this ordinance every person, firm or 
corporation either as owner, lessee or manager, who has charge of or 
directs the operation of any outfit used in spraying or fumigating 
trees, plants, vines or orchards on his own account, or an agent of 
another, shall be deemed to be engaged in such business and shall be 
required to have a written permit therefor. Any person engaged in 
the business of fumigating or spraying trees, plants, vines or orchards, 
or engaged in the work of eradicating insect pests by fumigation, spray- 
ing or other methods shall submit to the horticultural commissioner, or 
his representative or representatives, at any time on demand, a correct 
statement of the chemicals used or to be used, if fumigated, or ingre- 
dients, or strength of materials used, if sprayed, and of any orchard, 
trees or vines treated or to be treated. 

Sec. 4. It shall be the duty of any person, firm or corporation own- 
ing or operating an outfit for fumigating or spraying trees, plants, 
vines or orchards, to report to the county horticultural commissioner 
at the end of each and every month all work of fumigating, spraying 
and eradication of insect pests during the current month, giving 
amount of chemicals used, if fumigated, and material and strength of 
same, if sprayed; also number of trees, plants and vines treated and 
the name of owner or owners of the same. 

Sec. 5. Every person, firm or corporation engaged in the business 
of fumigating or spraying trees, plants, vines or orchards under this 
ordinance who violates any of the provisions of this ordinance, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be punished 
by imprisonment in the county jail not exceeding one hundred days or 
by a fine not exceeding two hundred dollars ($200.00), or by both such 
imprisonment and fine. 

Sec. 6. This ordinance shall take effect and be in force from and after 
the 15th day of August, 1910, and before the expiration of fifteen days 
after its passage it shall be published, with the names of the members 
of said board of supervisors voting for and against the same, "for at 
least one week, in the ' ' Santa Paula Chronicle, ' ' a newspaper of general 
circulation printed and published in said county of Ventura. 

Passed and adopted this 18th day of July, 1910. 

T. S. Clark, 

Chairman of the Board of Supervisors of the 
County of Ventura, State of California. 



STATUTES, ETC., RELATING TO HORTICULTURE. 127 

Note. — In regard to the county ordinances, vnll state that they seem 
sufficient to permit good quarantine work, as well as successful control 
work on pests already introduced. The standardizing of work provided 
for in Ordinance 161 is a strong point. At present there is an amend- 
ment before the board of supervisors to provide for absolute quarantine 
against districts infected with red, yellow, or purple scale, white fly, 
phylloxera, and the alfalfa weevil. 

(Signed) K S. Vaile, 

County Horticultural Commissioner. 

YUBA COUNTY. 

An ordinance to prevent the introduction and spread of phylloxera and Anaheim 
or mysterious vine disease in the county of Yuba, State of California, and 
to provide for the disinfection of grapevine cuttings and the limbs and 
scions thereof, etc. 

The hoard of supervisors of the county of Yuha, State of California, 

do ordain as folloivs: 

Section 1. That no person or persons, firm, corporation or associa- 
tion of persons shall import, bring, convey, ship, haul, transport, or in 
anyivise deliver into this county of Yuba, State of California, or any 
part or portion of this county, nor shall any person or persons, firm, 
corporation or association of persons receive as owner, agent, repre- 
sentative, assignee, or consignee in this the said county of Yuba or any 
part or portion thereof, any grapevines, grapevine roots or grapevine 
rootings, of any species, unless such person, firm, corporation or asso- 
ciation of persons, owner, agent, representative, assignee, or consignee, 
shall first receive or obtain from the state commissioner of horticulture 
of the State of California, a written certificate showing that phylloxera 
and Anaheim or mj^sterious vine disease, has not existed in the county 
from which such grapevines, grapevine roots or grapevine rootlings 
were propagated, raised or grown, for the period of five years imme- 
diately preceding such shipment thereof. 

Sec. 2. That no person or persons, corporation or association of 
persons either as owner, agent, factor, broker, servant or employee 
shall bring for delivery into the county of Yuba from any place without 
said county of Yuba, any grapevine cuttings or the scions, buds or limbs 
of any grapevine, without giving written notice of their arrival at their 
destination within twenty-four hours thereafter to the horticultural 
commissioners of said county of Yuba ; nor shall any of the persons or 
parties above named, remove or permit to be removed, or use, or cause 
the removal of the same from the place of their arrival until inspected 
by the horticultural commissioners of the county of Yuba. If upon 
such inspection, said horticultural commissioners of the county of 
Yuba deem that said grapevine cuttings, scions, buds and limbs of any 
grapevine should be disinfected to guard against either of said diseases 
above named, then said horticultural commissioners shall disinfect or 
cause said grapevine cuttings, scions, buds and limbs of grapevines to 
be disinfected at the expense of the owner or consignee. 



128 STATUTES, ETC., RELATING TO HORTICULTURE. 

Sec. 3. Any and all grapevines or their roots, rootlings, cuttings, 
limbs, and the scions or buds of grapevines brought into this county, or 
that may hereafter be brought into this county, not in accordance with 
the restrictions in this ordinance specified are hereby declared to be a 
nuisance, and it is hereby made the duty of the said board of horticul- 
tural commissioner of said Yuba County to seize and destroy the same, 
and to take all proper measures to enforce this ordinance. 

Sec. 4. Any person or persons, firm, corporation or association of 
persons violating any of the provisions of this ordinance shall be guilty 
of a misdemeanor, and upon conviction thereof shall be punished by a 
fine not exceeding five hundred dollars or by imprisonment in the 
county jail for not more than six months, or by both fine and imprison- 
ment, or either, at the discretion of the court. 

Sec. 5. This ordinance shall take effect on the 8th day of December, 
1906, and before taking effect shall be published for one week in the 
"Appeal," a newspaper printed and published semi- weekly in said 
Yuba county. 

Passed and approved by the board of supervisors of the county of 
Yuba, State of California, this eighth day of December, 1906, by the 
following vote: Ayes — W. J. Mellon, A. G. Wheaton, F. Eoberts. 
Noes — None. 

D. Morrison, 

Chairman of the Board of Supervisors of the 
County of Yuba, State of California. 

Note. — There has been but one county ordinance passed in Yuba 
county. This forbids the bringing into the county of rooted grapevines 
unless the same have been passed by the state commissioner of horti- 
culture. There has been no objection to this ordinance, and it has been 
enforced during incumbency of county commissioner. 

(Signed) G. W. Harney, 

County Horticultural Commissioner. 



STATUTES, ETC., RELATING TO HORTICULTURE. 129a 



JOHNSON GRASS. 

This law on Johnson grass is now effectively operative only in counties 

where there is no County Board of Horticultural Commissioners 

or where there is no County Horticultural Commissioner. 



An act to prevent the propagation by the production of seed, of that certain 
plant known as Sorghum halepense, otherwise known as Johnson grass. 

[Approved March 20, 1903. Amended March 22, 1907.] 

Section 1. It shall be unlawful for any person owning, controlling, 
leasing, or possessing land in the State of California, to Imowingly 
permit that certain grass known as Sorghum halepense, otherwise known 
as Johnson grass, Cniciis arvensis, otherwise known as Canadian thistle, 
Salsoli kali, otherwise known as Russian thistle, Onopordon acanthium, 
otherwise known as Scotch thistle, and Cnicus lanceolatus, otherwise 
known as bull thistle, to mature and disseminate its seed on land so 
owned, leased or possessed by such person. 

Sec. 2. It shall be unlawful for any person knowinglj^ to sow or 
disseminate, or cause to be sown or disseminated, any seed of Sor- 
ghum luilepense, otherwise known as Johnson grass, Cnicus arvensis, 
otherwise known as Canadian thistle, Salsoli kali, otherwise known as 
Russian thistle, Onopordon acanthium, otherwise known as Scotch 
thistle, and Cnicus lanceolatus, otherwise known as bull thistle, upon 
any land owned or possessed by another. 

Sec. 3. It shall be unlawful for any person to know^ingiy sow, dis- 
seminate, or cause or permit to be disseminated any seed of Sorghum 
halepense, otherwise knoM^n as Johnson grass, Cnicus arvensis, other- 
wise known as Canadian thistle, Salsoli kali, otherwise known as Rus- 
sian thistle, Onopordon acanthium, otherwise known as Scotch thistle, 
and Cnicus hniccolatus, otherwise known as bull thistle, over or along 
any roadway, highway, or right of way for ditch purposes, adjacent to 
premises owned or possessed by him. 

Sec. 4. Any person upon being duly convicted of a violation of any 
of the preceding sections of this act, shall be guilty of a misdemeanor, 
and may be fined in a sum not exceeding one hundred dollars, or by 
imprisonment in the county jail, for a term not exceeding three months. 

(Section 4 of the amendment approved March 22, 1907, reads: "All acts and parts 
of acts inconsistent with the provisions of this act are hereby repealed.") 

Sec. 5. This act shall take effect and be in force from and after 
its passage. 



STATUTES, ETC., RELATING TO HORTICULTURE. 129 



STATE QUARANTINE WW. 

An act to provide for the protection of horticulture and to prevent the introduc- 
tion into this state of insects or diseases, or animals, injurious to fruit or 
fruit trees, vines, bushes or vegetables, providing for a quarantine for the 
enforcement of this act, making a violation of the terms of the act a mis- 
demeanor, and providing the penalty therefor; providing that said act shall 
be an urgency measure and go into effect immediately, and repealing that 
certain act entitled "An act for the protection of horticulture and to pre- 
vent the introduction into this state of insects, or diseases, or animals, 
injurious to fruit or fruit trees, vines, bushes or vegetables, and to pro- 
vide for a quarantine for the enforcement of this act," approved March 11, 

1899. 

[Approved January 2, 1912.] 

The people of the State of California do enact as follows: 
Section 1. Any person, persons, firm or corporation who shall 
receive, bring or cause* to be brought into the State of California, any 
nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds 
or fruit pits, or fruit or vegetables, or seed, shall immediately after 
the arrival thereof notify the state commissioner of horticulture,, or 
deputy quarantine officer, or quarantine guardian of the district or 
county in which such nursery stock, or fruit or vegetables or seed are 
received, of their arrival, and hold the same without unnecessarily mov- 
ing the same, or placing such articles where they may be hannful, for 
the immediate inspection of such state commissioner of horticulture, or 
deputy quarantine officer or guardian. If there is no quarantine 
guardian or state horticultural quarantine officer in the county where 
such nursery stock or fruit or vegetable, or seed is received, it shall then 
be the duty of such person, persons, firm or corporation to notify the state 
commissioner of horticulture, who shall make immediate arrangements 
for their inspection. The state commissioner of horticulture, deputy 
• luarantine officer, quarantine guardian or such person or persons as 
shall be commissioned by the state commissioner of horticulture to make 
such inspection, or to represent said commissioner, is hereby authorized 
and empowered to enter at any time into any car, warehouse, depot or 
upon any ship within the boundaries of the State of California whether 
in the stream or at the dock, wharf, mole, or any other place where 
such nursery stock or fruit or vegetables or seed or other described 
articles are received or in which such nursery stock or fruit or vege- 
tables or seed is imported into the state, for the purpose of making the 
investigation or examinatioii to ascertain whether such nursery stock, 
trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, 
fruit, vegetables or seed is infested with any species of injurious insects, 
or their eggs, larvfP or pup^e or other animal or plant disease. 

If after such examination or inspection, any of the said described 
articles are found to be so infested or infected as aforesaid, then it shall 

9— HS 



130 STATUTES. ETC.. RELATING TO HORTICULTURE. 

be the duty of the owner, owners, or persons, firm or corporation having 
charge or possession thereof to so disinfect at his or their expense such 
portion or portions of the ship, dock, wharf, mole, car, warehouse or 
depot where said articles may have been located in such a manner as 
to destroy all infection or infestation present or that is liable to be 
present, and all articles or packages or soils apt to be so infested or 
infected shall be held until the said articles or packages or soils have 
been thoroughly disinfected and all injurious insects, or their eggs, larvas 
or pupae or other animal or plant disease have been eradicated and 
destroyed ; provided, however, that all articles of nursery stock, trees, 
shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruits, 
vegetables or seed which are infested or infected with such species of 
injurious insects or their eggs, larvjB or pupsE or other animal or plant 
disease which may be or be liable to be injurious to the orchards, vine- 
yards, gardens or farms within said state, shall be destroyed or 
reshipped out of the state as hereinafter provided. The said officer so 
making such inspection shall not permit any of the described articles 
so coming in contact with said infested or infected articles or any 
articles w^hich might convey infection or infestation to be removed or 
taken from any such car, warehouse, depot, ship, dock, wharf or any 
other place until after such infection or infestation shall have been 
destroyed. 

Sec. 2. Each carload, case, box, package, crate, bale or bundle of 
trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, 
or fruit or vegetables or seed, imported or brought into this state, shall 
have plainly and legibly marked thereon in a conspicuous manner and 
place the name and address of the shipper, owner, or owners or person 
forwarding or shipping the same, and also the name of the person, firm 
or corporation to whom the same is forwarded or shipped, or his or its 
responsible agents, also the name of the country, state or territory where 
the contents were grown and a statement of the contents therein. 

Sec. 3. When any shipment of nursery stock, trees, vines, plants, 
shrubs, cuttings, grafts, scions, buds, fruit pits or seed or vegetables 
or fruit, imported or brought into this state, is found infested or 
infected with any species of injurious insects, or their eggs, larvae or 
pupae or other animal or plant disease or there is reasonable cause to 
presume that they may be so infested or infected, which would cause 
damage, or be liable to cause damage, to the orchards, vineyards, gardens 
or farms of the State of California, or which would be or be liable to be 
detrimental thereto or to any portion of said state, or to any of the 
orchards, vineyards, gardens or farms wnthin said state such shipment 
shall be immediately destroyed by the state commissioner of horticul- 
ture, his deputy quarantine officer, quarantine guardians or other per- 
son or persons, who shall be commissioned by the state commissioner of 
horticulture to make such inspection ; provided, however, that if the 
nature of the injurious insects, or their eggs, larvae, pupfe or animal 



STATUTES, ETC., RELATING TO HORTICULTURE. 131 

or plant disease be such that no damage or detriment can be caused to 
the said orchards, vineyards, gardens or farms of California or any 
of the same by the shipment of the same out of the state, then the said 
state commissioner of horticulture, his deputy quarantine officer, quar- 
antine guardians or other person or persons who shall be commissioned 
by the state commissioner of horticulture to make such inspection, and 
who shall make such inspection, shall notify the owner or person, firm or 
corporation having possession or control of said articles to ship the 
same out of the state within forty-eight hours after such notification, 
and it shall be the duty of such owner or owners, or person, firm or 
corporation, to so ship said articles, but such shipment shall be under 
the sole direction and control of the officer so making the inspection 
and shall be at the expense of the owner or owners, his or their agent or 
agents, and for a failure to comply with such notice such owner or 
owners, his or their agent or agents shall be deemed guilty of a violation 
of the terms of this act and be punished accordingly and immediately 
after the expiration of the time specified in said notice said articles shall 
be seized and destroyed by said officer at the expense of the said owner 
or owners, his or their agent or agents. 

Sec. 4. When any shipment of nurseiy stock, trees, vines, plants, 
shrubs, cuttings, grafts, scions, fruit, fruit pits, vegetables or seed, or 
any other horticultural or agricultural product passing through any 
portion of the State of California in transit, is infested or infected with 
any species of injurious insects, their eggs, larvaj or pupjE or animal or 
plant disease, which would cause damage, or be liable to cause damage 
to the orchards, vineyards, gardens or farms of the State of California, 
or which would be, or be liable to be, detrimental thereto or to any por- 
tion of said state, or to any of the orchards, vineyards, gardens or farms 
within said state, and there exists danger of dissemination of such 
insects or disease while such shipment is in transit in the State of Cali- 
fornia, then such shipment shall be placed within sealed containers, 
composed of metallic or other material, so that the same can not be 
broken or opened, or be liable to be broken, or opened, so as to permit 
any of the said shipment, insects, their eggs, larva? or pupae or animal 
or plant disease to escape from such sealed containers and the said con- 
tainers shall not be opened while within the State of California. 

Sec. 5. No person, persons, firm or corporation shall bring or cause 
to be brought into the State of California any fruit or vegetable or 
host plant which is now known to be, or hereafter may become a host 
plant or host fruit of any species of the fruit fly family Trypetidce from 
any country, state or district where such species of Trypetidce is known 
to exist and any such fruit, vegetable, or host plant, together with the 
container and packing, shall be refused entry and shall be immediately 
destroyed at the expense of the owner, owners or agents. 

Sec. 6. No person, persons, firm or corporation shall bring or cause 
to be brought into the State of California any peach, nectarine, or 



132 STATUTES, ETC., RELATING TO HORTICULTURE. 

apricot tree or cuttings, grafts, scions, buds or pits of such trees, or 
any trees budded or grafted upon peach stock or roots that have been 
in a district where the disease known as "peach yellows" or the con- 
tagious disease known as "contagious peach rosette" are known to 
exist, and any such attempting to land or enter shall be refused entry 
and shall be destroyed or returned to the point of shipment at the option 
of the owner, owners or agent, and at his or their expense. 

Sec. 7. No person, persons, firm or corporation shall bring or cause 
to be brought into the State of California any injurious animals known 
as English or Australian wild rabbit, flying fox, mongoose or any other 
animal or animals detrimental to horticultural or agricultural interests. 

Sec. 8. Any person, persons, firm or corporation violating any of 
the provisions of this act shall be guilty of a misdemeanor and shall be 
punished by imprisonment in the county jail for a period not exceeding 
six months, or by a fine not exceeding five hundred dollars, or by both 
such fine and imprisonment. 

Sec. 9. It is hereby determined and declared that this act and each 
and all of the provisions thereof, constitute and is an urgency measure 
necessary for the immediate preservation of the public safety and 
health. The facts constituting such necessity are as follows : There now 
exists in various islands and territory in close proximity to the State of 
California dangerous and injurious fruit and plant diseases and insects 
and animals, and heretofore fruits, vegetables, plants, seeds and other 
articles of horticulture and agriculture from said islands and territory 
have been and now are being shipped and brought into the State of 
California, which are to a large extent infested and infected with dan- 
gerous and injurious fruit and plant diseases and insects, their eggs, 
larvfe and pupte, and which if continued to be brought into the state 
will cause great danger to the public health, and will greatly damage the 
horticultural and agricultural interests of said state, and will also be 
detrimental to the public health, and this act is necessary to provide 
ample power to prevent the introduction of such insects and diseases 
and injurious animals into the state and to prevent the spread of such 
disease, insects and animals. 

Sec. 10. That certain act entitled "An act for the protection of 
horticulture, and to prevent the introduction into this state of insects, or 
diseases, or animals, injurious to fruit or fruit trees, vines, bushes, or 
vegetables, and to provide for a quarantine for the enforcement of this 
act," approved March 11, 1899, is hereby repealed. 

Sec. 11. This act, being an urgency measure as above set forth, shall 
take effect and be in full force immediately from and after its passage. 



HORTICULTURAL OFFICERS. 133 

COUNTY HORTICULTURAL COMMISSIONERS, DEPUTIES AND 

INSPEQORS. 



ALAMEDA. 

Commissioner. 

Fred Seulberger Oakland 

Inspectors. 

H. R. Hunt Niles 

W. H. Tyson Niles 

Edlif Peterson Hayward 

D. P. T. Macdonald Oakland 

BUTTE 

Commissioner. 

Earl Mills Oroville 

Deputy Commissioner. 

T. F. Stile Chico 

Inspectors. 

*B. F. Reppert Thermalito 

*W. D. Burleson Gridley 

*W. M. Pence Paradise 

COLUSA. 

Commissioner. 

L. R. Boedefeld Colusa 

Inspectors. 

W. A. Ellwood Arbuckle 

Ira A. Fouch Williams 

CONTRA COSTA. 

Commissioner. 

Frank T. Swett Martinez 

hispectors. 

*Percy Douglas Clayton 

*Geo. Sellers Oakland 

EL DORADO. 

Commissioner. 

J. E. Hassler Placerville 

FRESNO 

Commissioner. 

F. C. Schell Fresno 

Inspectors. 

W. J. Puleston Fresno 

C. B. Harkness Fresno 

*Henry Hechtman Kerman 

HUMBOLDT. 

Board of Horticultural Commissioners. 

G. E. Stewart, Chairman Rohnerville 

J. E. Janssen, Secretary Eureka 

D. D. Averill Areata 

Inspector. 

A. D. Roberts ^ Eureka 

♦Employed only part of the time. 



134 horticulturaij officers. 

IMPERIAL. 

Commissioner. 

W. E. Wilsie ^^ , ^ Bi Gdntro 

Inspectors. 

*Willis Carothers . . Brawley 

*W. S. Hoyt Holtville 

*A. Steindorf Calexico 

*F. W. Waite ._ El Centro 

INYO. 

Board of Horticultural Commissioners. 

W. H. Wells, Chairman Round Valley 

A. P. Smith Big Pine 

R. C. Spear Lone Pine 

KERN. 

Commissioner. 

D. Hirschfield Bakersfield 

Deputy Commissioner. 

K. S. Knowlton Bakersfield 

Inspectors. 

*N. P. Schulz Delano 

KINGS. 

Commissioners. 

B. V. Sharp Hanford 

A. C. Eccles . Lemoore 

LAKE 

Commissioner. 

G. A. Lyons Lakeport 

LASSEN. 

Board of Horticultural Commissioners. 

I. N. Jones, Chairman Susauville 

Geo. B. King Bieber 

E. A. Jordan Janesville 

LOS ANGELES. 

Commissioner. 

A. R. Meserve Los Angeles 

Deputy Commissioner. 

William Wood Whittier 

Inspectors. 

Thos. Vacher Los Angeles 

A. F. Stearns Los Angeles 

P. E. Edouart Los Angeles 

N. S. Montague Los Angeles 

M. Shepherd Los Angeles 

B. R. Jones Los Angeles 

H. N. Marr Los Angeles 

L. A. Strong — -- Los Angeles 

A. T. Garey :_ Los Angeles 

C. T. Goodman , Los Angeles 

G. A. Helmstader ^ Los Angeles 

F. H. Merleau Los Angeles 

W. E. Dougherty Azusa 

F. Ferguson Duarte 

♦Employed only part of the time. 



HORTICULTURAL OFFICERS. 135 

LOS ANGELES— Continued. 

inspectors — Continued. 

J. Thorndike Pasadena 

R. R. Hodges 1 Covina 

S. L. Spencer Covina 

F. A. Haines Lancaster 

D. W. Beupree Lankershim 

Harry Moss Rivera 

Wm. Johns Monrovia 

J. L. Rickson San Fernando 

M. W. Sweigart Whittier 

A. G. Smith Pasadena 

H. E. Walker San Dimas 

H. W. Meserve 1 Redondo 

L. H. Mayet Hollywood 

MADERA. 

Commissioner. 

Geo. Marchbank Madera 

MENDOCINO. 

Commissioner. 

J. R. Banks___ Ukiah 

Inspectors. 

*0. R. Myers Hopland 

*Geo. Busch Potter Valley 

MERCED. 

Commissioner. 

N. H. Wilson Merced 

1 n.<<pectors. 

W. T. Barnes Erwin City 

.7. L. McClelland Los Banos 

MONTEREY. 
Cnininissioner. 

J. B. Hickman Aromas 

Inspector. 

J. B. Saylor Pleyto 

NAPA. 

Commissioner. 

A. D. Butler Napa 

Inspectors. 

W. V. Gebhardt Napa 

T. J. Greer St. Helena 

ORANGE. 

C ommisisoner. 

Roy K. Bishop Santa Ana 

Inspectors. 

J. J. Schneider Anaheim 

*James Lake Huntington Beach 

♦Frank E. Proud Fullerton 

♦Frank Hanzard Santa Ana 

♦Employed only part of the time. 



136 HORTICULTURAL OFFICERS. 

PLACER. 

Commissioner. 

H. H. Bowman Bowman 

Inspectors. 

*A. Fereva Newcastle 

*E. W. Crook Lincoln 

RIVERSIDE. 
Commissioner. 

R. P. Cundiff Riverside 

Inspectors. 

Wm. Mclntyre Riverside 

D. H. Parsons Riverside 

F. P. Babel - Riverside 

A. 0. Vaught Riverside 

H. Clendennen Riverside 

■ D. D. Sharp Arlington 

W. G. Corlett Arlington 

C. W. Wrestler Corona 

E. G. Tuthill Corona 

A. J. Foss Corona 

H. K. Smith San Jacinto 

Geo. C. Conklin Perris 

C. L. Edmunds Thermol 

W. C. Clewett Elsinore 

R. L. Wilson Beaumont 

S. T. Starrett Coachella 

John R. Dutcher Blythe 

SACRAMENTO. 

Commissioner. 

F. R. M. Bloomer Sacramento 

Inspectors. 

J. Aiken Sacramento 

S. R. Gage Elk Grove 

*Elmore Chase Fairoaks 

*Geo. Thisby Walnut Grove 

*Ezra Casselman Perkins 

*Fred Grimshaw Cosumnes 

*S. P. Gage Elk Grove 

* James Tootell Florin 

*H. Kerchival Courtland 

*Milo Dye Walnut Grove 

SAN BENITO. 

Commissioner. 

L. H. Day L Hollister 

SAN BERNARDINO. 

Commissioner. 

S. A. Pease San Bernardino 

Inspectors. 

John P. Coy Highlands 

S. J. Bosler Rialto 

C. T. Paion Crafton 

C. A. Nelson Bryn Mawr 

C. Mottsinger Cucamonga 

* Employed only part of the time. 



HORTICULTURAL OFFICERS. 137 

SAN BERNARDINO— Continued. 

Inspectors — Continued. 

J. F. Anderson Upland 

W. R. Fox Colton 

W. W. DeHart Redlands 

Chas. Donnelly Etiwanda 

O. J. Newman Chine 

W. H. Codd Yucaipe 

SAN DIEGO. 

Commissioner. 

C. H. Stuart San Diego 

Inspectors. 

E. E. Boweu Escondido 

A. E. Juch Julian 

L. V. Dodd Oceanside 

*Dale Smith Chula Vista 

SAN JOAQUIN. 

Commissioner. 

Wm. Garden Stockton 

Inspectors. 

J. E. Costello Acampo 

E. E. Welty _____Ripon 

H. H. Ladd Stockton 

D. Visher Stockton 

SANTA BARBARA. 

Commissioner. 

C. W. Beers Santa Barbara 

Deputy Commissioner. 

R. C. Wylie Santa Maria 

SANTA CLARA. 

Commissioner. 

Earl Morris San Jose 

SANTA CRUZ. 

Commiisioncr. 

W. H. Volck Watsonville 

Inspector. 

*A. W. Tate Watsonville 

SHASTA. 

Commissioner. 

Ceo. A. Lamimau Redding 

SISKIYOU. 

Commissioner. 

.Joseph F. Wetzel Yreka 

SOLANO. 

(.'ommissioner. 

C. R. McBride Vacaville 

Inspectors. 

*0. E. Merchant Winters 

*W. L. Tutt Maine Prairie 

♦John Borges Benicia 

* Employed only part of the time. 
10— HS 



138 HORTICULTURAL OFFICERS. 

SONOMA. 
Commissioner. 

A. R. Galloway Santa Rosa 

Deputy Commissioner. 

W. I. Newcomb Sebastopol 

Inspectors. 

*G. Hagmayer Oloverdale 

*Thomas Johnson Glen Ellen 

*J. B. Dickson Petaluma 

STANISLAUS. 
Commissioner. 

A. L. Rutherford Modesto 

Inspectors. 

W. F. Wheeler Oakdale 

Wm. Tardif Patterson 

SUTTER. 
Cotnmissioner. 

H. P. Stabler Yuba City 

TEHAMA. 
Commissioner. 

Chas. B. Weeks Red BlufE 

Inspector. 

.James E. Weeks Red BlufiE 

TULARE. 

Commissioner. 

A. G. Schulz Porterville 

Deputy Commissioner. 

P. D. Fowler Tulare 

Inspectors. 

Mike Mitchell Ducor 

W. H. LaBee Terra Bella 

M. R. Hersey Lindsay 

O. C. Williams Dinuba 

W. A. Bates Dinuba 

C. S. Riley Visalia 

J. B. Southwell Tulare 

J. E. Frame Porterville 

F. L. Kennedy Porterville 

J. C. Manock Angiola 

VENTURA. 

Commissioner. 

R. S. Vaile Santa Paula 

Inspectors. 

C. W. Decker Fillmore 

S. H. Essig Santa Paula 

L. Neville A^'entura 

*R. E. Harrington Santa Susana 

Office Clerk. 

Miss Jean Walden Santa Paula 

♦Employed only part of the time. 



HORTICULTURAL OFFICERS. 139 

YOLO. 

Commissioner. 

Geo. H. Hecke Woodland 

Itispectors. 

J. W. Anderson Davis 

W. Gould Woodland 

O. Merchant Winters 

H. Morrin Rnmsey 

YUBA. 

Commissiotier. 

Geo. W. Harney Marysville 



STATE. BOARD Of HORTICULTURAL EXAMINERS. 

A. J. COOK (State Commissioner of Hokticulture) President 

E. K. CARNES (Superintendent of State Insectary) Secretary 

E. J. WICKSON (Dean of the Agricultural College of the University 
of California). 



INDEX. 



Aleyrodes citri. See White Fly. Page. 

Alameda County Horticultural Officers 133 

Anthonomus grandis. See Cotton Boll Weevil. 

Animals, state quarantine on 132 

Apricot, state law relating to diseases of 132 

Arsenic, designated in insecticide law 18-23 

Arsenic oxide, designated in insecticide law 18-23 

Arsenious oxide, designated in insecticide law 18-23 

Assistant Superintendent of State Insectary — 

Appointment 7 

Qualijfications 7 

Salary 7 

Attorney General, opinion relating to eradication of noxious weeds on public 

liighways 66 

Australian Wild Rabbit, quarantine on 132 

Baggage, inspection of for Fruit Fly 26-28 

Bananas, admitted from Hawaii 26 

Black Scale (Saissetia oleae), State quarantine on 25 

Bulletins, to be issued by State Commissioner 7 

Butte County — 

Horticultural officers 133 

Horticultural ordinances 67 

Canadian Thistle (Cnicus arvensis), state law on 129a 

Ceratitis capitata. See Mediterranean Fruit Fly. 
Chief Deputy Quarantine Officer — 

Appointment 6 

Duties 6 

Powers 58-62 

Qualifications 6 

Salary 6 

Chief Deputy State Commissioner of Horticulture — 

Appointment 6 

Duties 1 6 

Qualifications 6 

Salary 6 

Chrysomphalus aurantii. See Red Scale. 

Citrus, quarantine order regulating shipments into Tulare County 25 

City Horticultural Ordinances — 

Relating to fumigating and spraying fruit trees in the city of Riverside 99 

Relating to the horticultural interests of the city of Riverside 100 

Clerk of State Commission of Horticulure — 

Appoinment 6 

Salary 6 

Cnicus lanceolatus. See Canadian Thistle. 

Colusa County, horticultural officers 133 

Contra Costa County, horticultural officers 133 

Cotton Boll Weevil (Anthonomus grandis), quarantine order on 24 

County Board of Horticulture — 

Court decision on appointment of 31-33 

Replaced by County Horticultural Commissioner 12-13 

County Horticultural Commissioner — 

Act relating to 10-15 

Appointment mandatory 62-65 

Appointment of 11 

Appointing deputy and inspectors 14 

As quarantine guardians 7, 14 

Attending meetings 15 

Duties 14-15 

Duties and limitations defined by court 57-58 

11— HS 



142 INDEX. 

County Horticultural Commissioner — Continued. Page. 

Examining of 11 

Expenses of 15 

List of names 133 

Petition for 11 

Powers 14 

Powers as defined by court 48, 58-62 

Records 14 

Reports 14-15 

Salary 15 

State Commissioner as ex officio member 9 

County Horticultural Inspectors — 

Appointment of ■ 14 

List of names 133 

Powers 14 

Salary 15 

County Horticultural Ordinances — 

Relating- to liorticultural interests of Butte County 67-70 

Regulating sale of fruit and fruit trees in Humboldt County 70, 71 

To prevent spread of noxious insects in Humboldt County 71 

To promote horticultural interests of Imperial County 72, 73 

To prohibit importation of Johnson grass and noxious weeds into Imperial 

County 74 

To prohibit importation of insects or diseases of tlie vine into Kings County 75 

To prevent introduction of phylloxera and vine diseases into Kings County. 75-78 
To prevent the introduction of diseases of peach, nectarine, and apricot into 

Kings County : 78-83 

To promote the horticultural interests of Los Angeles County 83-85 

Relating to fumigating and spraying business in Los Angeles County 86 

Relating to the purchasing of grape vines for Madera County 87 

Protecting horticulture in Mendocino County 88 

To promote horticultural interests of Merced County 89 

To prevent introduction of pear blight into Monterey County 90 

To promote the horticultural interests of Orange County 91 

To prevent spread of noxious weeds in Oiange County 93 

To destroy the Florida White Fly in Orange County 94 

Relating to horticultural interests of Riverside County 95 

Amendment to ordinance relating to horticulture in Riverside County 99 

Relating to the business of fumigating and spraying in Riverside County 103 

To promote horticultural interests of San Bernardino County 105 

For the protection of horticultural interests of San Bernardino County 108 

Amendment to ordinance relating to horticultural interests of San Ber- 
nardino County 110 

Relating to the business of fumigating and spraying in San Bernardino 

County 111 

To promote horticultural interests of San Diego County 113 

Amendment to ordinance relating to horticultural interests in San Diego 

County 115 

Concerning horticultural interests in San Joaquin County 116 

Relating to noxious weeds in Solano County 118 

To promote horticultural interests in Sonoma County 118 

Relating to importation of plants into Stanislaus County 119 

To prevent introduction of phylloxera and vine diseases into Sutter County- 120 

To prevent introduction of white fly into Tehama County 121 

To promote horticultural interests of Ventura County 122 

Regulating the business of fumigating and spraying in Ventura County 125 

To prevent introduction and spread of phylloxera and vine diseases in Yuba 

County 127 

Court Decisions — 

Appointment of county boards of horticulture mandatory 31 

Appointment of county horticultural commissioner mandatory 62 

Constitutionality of horticultural liens 38 

Duties and limitations of county horticultural commissioners 57 

Enforcement of quarantine regulations 33 

Powers of horticultural commissioners defined 48 

Powers of county horticultural commissioner and state quarantine officer 58 



INDEX. 143 

Dacus cucurbitae. See Melon Fly. 

Deputy County Horticultural Commissioner — Page. 

Appointment of 14 

Expenses 15 

Qualifications 14 

Salary 15 

Deputy State Quarantine Officer — 

Appointment 6 

Qualifications 6 

Salary 6 

Eelworm, Potato, quarantine orders on 29 

El Dorado County, horticultural ofl^icers 133 

English Wild Rabbit, state law relating to 132 

Examiners, State Board of — 

Creation of 11 

Duties 11 

Expenses 11 

Members of 139 

Field Deputy of Insectary — 

Appointment 7 

Qualifications 7 

Salary 7 

Flying Fox, quarantine on 132 

Fresno County, horticultural ofBcers 133 

Fruit, quarantine on from Hawaiian Islands 26 

Fruit Flies (Trypetidae), quarantine law relating to 131 

Fruit trees — 

Proper naming of 17 

Selling under false name 17 

Fungicides, state law regulating sale of 18 

Hawaiian Islands, quarantine on 26 

Horticultural Commissioners. See County horticultural commissioner; State 
commissioner of horticulture; Deputy county horticultural commissioner; 
Deputy state commissioner of horticulture. 

Humboldt County — 

Horticultural officers 133 

Horticultural ordinances 70, 71 

Imperial County — 

Horticultural officers 134 

Horticultural ordinances 72, 74 

Insecticides, state law regulating sale of 18 

Inspectors — 

County horticultui'al 14 

List of county horticultural 133 

Powers and duties of state quarantine 129 

Insectary Division, creation 6 

Insectary, state — 

Assistant superintendent of 7 

Division 6 

Field deputy 7 

Location 6 

Officers 7 

Superintendent 7 

Inyo County, horticultural officers 134 

Johnson Grass (Sorghum halepense) — 

In act relating to county commissioners 11 

State law relating to 129a 

Kern County, horticultural officers 134 

Kings County — 

Horticultural officers 134 

Horticultural ordinances 75, 78 

Lake County, horticultural officers 134 

Lassen County, horticultural officers 134 

Lead Arsenate, in state insecticide law 18 

Lepidosaphes beckii. See Purple Scale. 



144 INDEX. 

Page. 

Library of state commissioner of horticulture 7 

Lien — 

Constitutionality of horticultural 38 

Riverside case 41 

Served by county horticultural commissioners 14 

Los Angeles County — 

Horticultural officers 134 

Horticultural ordinances 83, 86 

iVIadera County — 

Horticultural officers 135 

Horticultural ordinances 87 

Mediterranean Fruit Fly (Ceratitis capitata), quarantine order on 26 

Melon Fly {Dams cucurbitae), quarantine order on 25 

Mendocino County — 

Horticultural officers 135 

Horticultural ordinances 88 

Merced County — 

Horticultural officers 135 

Horticultural ordinances 89 

Mongoose, state quarantine on 132 

Monterey County — 

Horticultural officers 135 

Horticultural ordinances 90 

Napa County, horticultural officers 135 

Nectarine, state law relating to diseases of 131 

Nursery Stock — 

Proper naming of 17 

State law regulating the importation of 129 

Onopordon acanthium. See Scotch thistle. 

Opinion of Attorney General relating to the eradication of noxious weeds on 

public highways 66 

Orange County — 

Horticultural officers 135 

Horticultural ordinances 91, 93, 94 

Paris Green, state law regulating sale of 18 

Pathological Division, state commission of horticulture 6 

Peach, state law regarding diseases of 131 

Peach Rosette, state quarantine on 132 

Peach Yellows, state quarantine on 132 

Penalties — 

Act relating to county horticultural commissioners 17 

Proper naming of nursery stock 17 

Under state insecticide and fungicide law 18 

Selling trees under false name 17-18 

State quarantine regulations 10 

State law on Johnson grass 129a 

State quarantine law 132 

Placer County, horticultural officers 136 

Pineapples, from Hawaii 26 

Potato Eelworm, quarantine orders on 29-30 

Publications of state commissioner of horticulture 7 

Purple Scale {Lepidosa'phes beckii), state quarantine on 25 

Quarantine — 

Chief deputy officer 6 

Deputy officers 6 

Division 6 

Enforcement of regulations (court decision) 33 

Guardians 7 

Office at San Francisco 6 

Powers of state officer 58 

Regulations '^ 

State law ^ 129 

Quarantine guardians, appointment of 7, 14 



INDEX. 145 

Quarantine Orders — Page. 

' Black scale 2b 

Cotton boll weevil 24 

Melon fly 25 

Mediterranean fruit fly 26 

Potato eelworm 28-30 

Purple scale 25 

Red scale 25 

Tulare county 25 

White fly 23 

Red Scale (Chrysomphalus aurantii), quarantine order on 25 

Registered Insecticides and Fungicides 22 

Reports — 

County horticultural commissioner 7, 15 

State commissioner of horticulture 10 

Riverside City, horticultural ordinances 99, 100 

Riverside County — 

Horticultural officers 136 

Horticultural ordinances ^ 95, 99, 103 

Russian Thistle (Salsoli kali) — 

In act relating to county commissioner 11 

In Johnson grass law 129a 

Sacramento County, horticultural officers 136 

Saissetia oleae. See Black Scale. 

Salsoli kali. See Russian thistle. 

San Bertito County, horticultural officer 136 

San Bernardino County — 

Horticultural officers 136 

Horticultural ordinances 105, 108, 110, 111 

San Diego County — 

Horticultural officers 137 

Horticultural ordinances 113, 115 

San Joaquin County — 

Horticultural officers 137 

Horticultural ordinance 116 

Santa Barbara County, horticultural officers 137 

Santa Clara County, horticultural officers 137 

Scotch Thistle (Onopordon acanthiuni) in Johnson grass law 129a 

Secretary of State Commission of Horticulture — 

Appointment 6 

Duties 6 

Qualiff cations 6 

Salary 6 

Seeds, proper naming of 17 

Shasta County, horticultural officer , 137 

Siskiyou County, horticultural officer 137 

Soils, quarantine on if infested with dangerous diseases or insects 130 

Solano County — 

Horticultural officers 137 

Horticultural ordinance 118 

Sonoma County — 

Horticultural officers 138 

Horticultural ordinance 118 

Sorghum halepense. See Johnson grass. 

Stanislaus County — 

Horticultural officers 138 

Horticultural ordinance . 119 

State Board of Horticultural Examiners. See, also, Examiners. 

Appointment and duties 11-13 

Members of 139 

State Commissioner of Horticulture — 

Act relating to 5 

Appointment of 5 

Duties of 7-10 

Ex officio county commissioner 9 



]46 INDEX. 



-^ 



County Commissioner of Horticulture — Continued. Page. 

Expenses of 5 

Offices of 6 

Powers of 6-10 

Reports 10 

Salary 5 

Term of office 5 

State Insectary. See Insectary. 

State Quarantine Law 129 

Superintendent of State Insectary — 

Appointment 7 

Duties 7 

Qualifications 7 

Salary 7 

Sutter County — 

Horticultural officer 138 

Horticultural ordinance 120 

Tehama County — 

Horticultural officers 138 

Horticultural ordinance 121 

Trypetidae (Fruit flies), quarantine on 131 

Tulare County — 

Horticultural officers 138 

Quarantine order on 25 

Tylenchus devastatrix. See Potato Eelworm. 

Vegetables, quarantine on Hawaiian Islands 26-28 

Ventura County — 

Horticultural officers 138 

Horticultural ordinances 122, 125 

Vines, proper naming of 17 

Weeds — 

In act relating to county commissioners 11 

Opinion of Attorney General regarding the eradication of on public highways 66 

State law relating to 129a 

White Fly (Aleyrodes citri), quarantine order on 23 

Yolo County, horticultural officers 139 

Yuba County — 

Horticultural officer 139 

Horticultural ordinance 127 



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